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Profile: US Department of the Army
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US Department of the Army was a participant or observer in the following events:
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The New York Times obtains a copy of a classified file of the Army criminal investigation into a number of detainee deaths at Bagram Air Force Base in Afghanistan. The report focuses on two Afghan detainees, Mullah Habibullah (see October 2004 and November 30-December 3, 2002) and a taxi driver known as Dilawar (see December 10, 2002), both of whom were in essence tortured to death; other detainees are also covered in the report. The Army report follows up on the official inquiry conducted in late 2004 (see October 2004).
Torture to Extract Information, Punish Detainees, and Alleviate Boredom - The Times writes: “Like a narrative counterpart to the digital images from Abu Ghraib, the Bagram file depicts young, poorly trained soldiers in repeated incidents of abuse. The harsh treatment, which has resulted in criminal charges against seven soldiers, went well beyond the two deaths. In some instances, testimony shows, it was directed or carried out by interrogators to extract information. In others, it was punishment meted out by military police guards. Sometimes, the torment seems to have been driven by little more than boredom or cruelty, or both.” One female interrogator has what a colleague in a sworn statement calls a taste for humiliation; that interrogator is described as having stood on the neck of one prostrate detainee, and having kicked another detainee in the genitals. Another statement tells of a shackled prisoner being forced to kiss the boots of his interrogators. A third tells of a detainee forced to pick plastic bottle caps out of a drum mixed with excrement and water. Overall, the Army report concludes that many of the tactics used by interrogators and guards amounts to criminal assault. Pentagon spokesman Larry Di Rita says: “What we have learned through the course of all these investigations is that there were people who clearly violated anyone’s standard for humane treatment. We’re finding some cases that were not close calls.” Seven soldiers, all interrogators and guards of low rank, have been charged with crimes ranging from dereliction of duty to maiming and involuntary manslaughter; two others received reprimands, and 15 others named in the original report were cited as bearing probable criminal responsibility in the deaths. One of the interrogators charged with assaulting Dilawar, Sergeant Selena Salcedo, says: “The whole situation is unfair. It’s all going to come out when everything is said and done.”
Many Interrogators Redeployed to Iraq; Bagram Tactics Used at Abu Ghraib - The Army criminal investigation was conducted slowly. During the course of the investigation, many of the Bagram interrogators, including their operations officer, Captain Carolyn Wood, were redeployed to Iraq (see Mid-March 2003). Wood took charge of interrogations at Abu Ghraib prison and, according to Army inquiries, began using tactics “remarkably similar” to those employed at Bagram (see July 15, 2003 and (Early August 2003)). She received the Bronze Star for her actions (see January 22, 2003-May 8, 2003).
Serious Disparities between Investigative Results and Personnel Statements - In the aftermaths of the deaths, military officials made a number of unsupported claims. The deaths of both Dilawar and Habibullah were originally listed as due to natural causes even as military coroners ruled the deaths homicides. The American commander in Afghanistan at the time, Lieutenant General Daniel McNeill, said that he had no indication that the deaths were caused by abuses carried out by US soldiers; the methods used in the detainees’ interrogations were, McNeill said, “in accordance with what is generally accepted as interrogation techniques.”
Poorly Trained Interrogators - The report focuses on one group of poorly trained interrogators from the Army’s 519th Military Intelligence Brigade (see July 2002). After Bush’s decree that terror suspects have no rights under Geneva, the interrogators began pushing the envelope of acceptable interrogation techniques. They began employing “stress positions” that cause pain and suffering but not, presumably, actual injury. They began experimenting with longer and longer periods of sleep deprivation. One of the more popular methods is called in military jargon “Fear Up Harsh,” or as one soldier called it, “the screaming technique.” The technique is based on verbally and physically intimidating detainees, and often degenerates into screaming and throwing furniture. The noncommissioned officer in charge of the interrogators, Staff Sergeant Steven Loring, sometimes tried to curb his interrogators’ excesses, but, contradictorily, often refused to countenance “soft” interrogation techniques, and gave some of the most aggressive interrogators wide latitude. Sergeant James Leahy recalled, “We sometimes developed a rapport with detainees, and Sergeant Loring would sit us down and remind us that these were evil people and talk about 9/11 and they weren’t our friends and could not be trusted.” One of Loring’s favorites was Specialist Damien Corsetti, nicknamed “Monster,” a tall, bearded interrogator Loring jokingly nicknamed “the King of Torture.” One Saudi detainee told Army investigators that during one session, Corsetti pulled out his penis, shoved it in the Saudi’s face, and threatened to rape him. (The earlier investigation found cause to charge Corsetti with assault, maltreatment of a prisoner, and indecent acts; no charges were filed. Corsetti was fined and demoted for brutalizing a female prisoner at Abu Ghraib.) By August 2002, the 519th interrogators, joined by a group of reservists from a military police company, were routinely beating their prisoners, and particularly favored the “common peroneal strike,” a potentially disabling blow to the side of the leg just above the knee. The MPs later said that they never knew such physical brutality was not part of Army interrogation practices. “That was kind of like an accepted thing; you could knee somebody in the leg,” one of the MPs, Sergeant Thomas Curtis, later told investigators.
'Timmy' - Specialist Jeremy Callaway told investigators of one Afghan prisoner with apparently severe emotional and mental problems. The detainee would eat his own feces and mutilate himself with concertina wire. He quickly became a favorite target for some of the MPs, who would repeatedly knee him in the legs and, at least once, chained him with his arms straight up in the air. The MPs nicknamed him “Timmy” after an emotionally disturbed child in the “South Park” animated television show. According to Callaway, one of the guards who beat the prisoner also taught him to screech like the cartoon character. Eventually, “Timmy” was sent home. [New York Times, 5/20/2005]
Entity Tags: US Department of the Army, Jeremy Callaway, James Leahy, Dilawar, Daniel K. McNeill, Damien Corsetti, Carolyn A. Wood, Lawrence Di Rita, Mullah Habibullah, New York Times, Steven Loring, US Department of Defense, Selena Salcedo, Thomas Curtis
Timeline Tags: Torture of US Captives
The Army suppresses an unclassified report by the RAND Corporation, a federally financed think tank that often does research for the military. The report, entitled “Rebuilding Iraq,” was compiled over 18 months; RAND submitted a classified and an unclassified version, hoping that the dissemination of the second version would spark public debate. However, senior Army officials are disturbed by the report’s broad criticisms of the White House, the Defense Department, and other government agencies, and the Army refuses to allow its publication. A Pentagon official says that the biggest reason for the suppression of the report is the fear of a potential conflict with Defense Secretary Donald Rumsfeld. The unclassified version of the report will be leaked to the New York Times in February 2008. That version finds problems with almost every organization and agency that played a part in planning for the Iraq invasion.
Bush, Rice Let Interdepartmental Squabbles Fester - The report faults President Bush, and by implication his former National Security Adviser Condoleezza Rice, for failing to resolve differences between rival agencies, particularly between the departments of Defense and State. “Throughout the planning process, tensions between the Defense Department and the State Department were never mediated by the president or his staff,” the report finds.
Defense Department Unqualified to Lead Reconstruction Effort - The report is also critical of the Defense Department’s being chosen to lead postwar reconstruction, citing that department’s “lack of capacity for civilian reconstruction planning and execution.” The Bush administration erred in assuming that reconstruction costs would be minimal, and in refusing to countenance differing views, the report says. Complementing that problem was the failure “to develop a single national plan that integrated humanitarian assistance, reconstruction, governance, infrastructure development and postwar security.” As a result, the report finds, “the US government did not provide strategic policy guidance for postwar Iraq until shortly before major combat operations commenced.”
State's Own Planning 'Uneven' and Not 'Actionable' - It questions the “Future of Iraq” study (see April 2002-March 2003), crediting it with identifying important issues, but calling it of “uneven quality” and saying it “did not constitute an actionable plan.”
Franks, Rumsfeld Exacerbated Problems - General Tommy Franks, who oversaw the entire military operation in Iraq, suffered from a “fundamental misunderstanding” of what the military needed to do to secure postwar Iraq, the study finds. Franks and his boss, Rumsfeld, exacerbated the situation by refusing to send adequate numbers or types of troops into Iraq after the fall of Baghdad.
Strengthened Resistance to US Occupation - The poor planning, lack of organization, and interdepartmental dissension together worked to strengthen the Iraqi insurgency. As Iraqi civilians continued to suffer from lack of security and essential services, resentment increased against the “negative effects of the US security presence,” and the US failed to seal Iraq’s borders, foreign and domestic support for the insurgents began to grow.
RAND Study Went Too Far Afield, Says Army - In 2008, after the Times receives the unclassified version of the report, Army spokesman Timothy Muchmore explains that the Army rejected the report because it went much farther than it should in examining issues pertinent to the Army. “After carefully reviewing the findings and recommendations of the thorough RAND assessment, the Army determined that the analysts had in some cases taken a broader perspective on the early planning and operational phases of Operation Iraqi Freedom than desired or chartered by the Army,” Muchmore will say. “Some of the RAND findings and recommendations were determined to be outside the purview of the Army and therefore of limited value in informing Army policies, programs and priorities.”
Recommendations - The Army needs to rethink its planning towards future wars, the report finds. Most importantly, it needs to consider the postwar needs of a region as much as it considers the strategy and tactics needed to win a war. [New York Times, 2/11/2008]
Entity Tags: US Department of Defense, George W. Bush, New York Times, Donald Rumsfeld, Condoleezza Rice, Bush administration (43), Thomas Franks, Timothy Muchmore, US Department of State, US Department of the Army, RAND Corporation
Timeline Tags: Iraq under US Occupation
The Army adopts a new, classified set of interrogation methods that some feel may change the nature of the debate over cruel and inhuman treatment of detainees in US custody. The Detainee Treatment Act (DTA—see December 30, 2005), which bases its definition of torture in part on Army standards, is currently wending its way through Congress. The new set of instructions are being added to the revised Army Field Manual, after they are approved by undersecretary of defense Stephen Cambone. The addendum provides exact details on what kinds of interrogation procedures can and cannot be used, and under what circumstances, pushing the legal limit of what interrogations can be used in ways that the Army has never done before. Some military observers believe that the new guidelines are an attempt by the Army to undercut the DTA, and many believe the bill’s sponsor, Senator John McCain (R-AZ) will be unhappy with the addendum. “This is a stick in McCain’s eye,” one official says. “It goes right up to the edge. He’s not going to be comfortable with this.” McCain has not yet been briefed on the contents of the new guidelines. McCain spokesman Mark Salter says, “This is politically obtuse and damaging. The Pentagon hasn’t done one molecule of political due diligence on this.” One Army officer says that the core of the definition of torture—what is and is not “cruel, inhumane, and degrading” treatment—“is at the crux of the problem, but we’ve never defined that.” The new Army Field Manual specifically prohibits such tactics as stress positioning, stripping prisoners, imposing dietary restrictions, using police dogs to intimidate prisoners, and sleep deprivation. The new manual is expected to be issued before the end of the year. [New York Times, 12/14/2005] The day after this is reported, President Bush agrees not to veto the DTA (see December 15, 2005).
The American Civil Liberties Union releases documents detailing prisoner abuse at US facilities in Iraq, Afghanistan, and Guantanamo. The documents prove the existence of a “Special Access Program,” involving a special operations unit, Task Force 6-26, that has been implicated in numerous abuse incidents in Iraq, and whose operatives used fake names to thwart an Army investigation. ACLU lawyer Amrit Singh says: “These documents confirm that the torture of detainees and its subsequent cover-up was part of a larger clandestine operation, in all likelihood, authorized by senior government officials. Despite mounting evidence of systemic abuse authorized or endorsed from above, however, not a single high-level official has thus far been brought to justice.”
Fake Names, Computer Malfunctions Avoid Accountability - An Army memorandum shows that a prisoner was captured by Task Force 6-26 in Tikrit, Iraq, and subsequently beaten into unconsciousness. The task force members used “fake names,” according to the Army memo, and the claim of a computer malfunction to avoid accountability.
SERE Techniques Used - A heavily redacted memo refers to the use of “Survival, Evasion, Resistance, and Escape” procedures at Guantanamo (see December 10, 2002). Sworn statements from military interrogators and a written “Chronology of Guard/Detainee Issues” show that the Army began receiving reports of prisoner abuse from Afghanistan as early as January 2002. The abuse continued, the documents show, through 2004 and perhaps beyond (see February 12-16, 2004, March 28, 2004, and May 6, 2004). Documents detail incidents where US soldiers poured peroxide and water over an Iraqi prisoner’s open wounds, and fired slingshot missiles at Iraqi children attempting to steal food from the base. [American Civil Liberties Union, 1/12/2006]
Brigadier General David Irvine, a retired intelligence officer who taught prisoner interrogation and military law for 18 years, and human rights activist David Danzig write an angry response to the recent court-martial of Army interrogator Lewis Welshofer. Welshofer was found guilty of negligent homicide in causing the death of an Iraqi prisoner (see November 26, 2003 and October 5, 2004), but was given what Irvine and Danzig consider an absurdly light sentence: a reprimand, a small fine, two months’ restriction, and no jail time (see January 24, 2006). Irvine and Danzig believe that the verdict points to a larger problem: “The Welshofer case puts a fine point on a question that has plagued us since Abu Ghraib: Is the Army institutionally capable of dealing with the debacle of torture? The Army and the nation cannot afford to have soldiers draw the obvious lesson from the case’s nonsensical outcome: that in combat, the ends justify the means, and the Geneva Conventions and the McCain anti-torture amendment are subject to change depending on the circumstances or executive whim. Since the Army seems to have no inclination to enforce the principles of command discipline and accountability among the senior ranks, the corrosive effects of US torture in Iraq and elsewhere will continue to haunt any efforts to regain lost stature and credibility in the world.” [Salon, 1/27/2006]
Army documents released by the American Civil Liberties Union (ACLU) reveal that Lieutenant General Ricardo Sanchez, the former commander of US forces in Iraq, ordered military interrogators to “go to the outer limits” to get information from detainees (see May 19, 2004). The documents also show that senior government officials were aware of abuse in Iraq and Afghanistan before the Abu Ghraib scandal broke. ACLU executive director Anthony Romero says: “When our leaders allow and even encourage abuse at the ‘outer limits,’ America suffers. A nation that works to bring freedom and liberty to other parts of the world shouldn’t stomach brutality and inhumanity within its ranks. This abuse of power was engineered and accepted at the highest levels of our government.” The ACLU also releases an April 2004 information paper entitled “Allegations of Detainee Abuse in Iraq and Afghanistan” that outlined the status of 62 investigations of detainee abuse at Abu Ghraib (see April 2, 2004). According to the ACLU, the documents show that, far from being the work of “a few bad apples” as alleged by President Bush and other White House officials (see Mid-May 2004, August 2004, September 10, 2004, and October 1, 2004), the torture and abuse of prisoners at Abu Ghraib was systematic and authorized by high-level officials, including Sanchez. “These documents are further proof that the abuse of detainees was widespread and systemic, and not aberrational,” says ACLU attorney Amrit Singh. “We know that senior officials endorsed this abuse, but these officials have yet to be held accountable.” Other documents show that US soldiers escaped prosecution after killing a detainee in their custody (see March 3, 2005), several reports of detainee abuse are considered “true/valid” (see May 25, 2004), and a military doctor cleared a detainee for further interrogations even after documenting injuries inflicted by beatings and electric shocks (see June 1, 2004). [American Civil Liberties Union, 5/2/2006]
Brigadier General Richard Formica. [Source: Combined Security Transition Command, Afghanistan]The Defense Department publicly releases the so-called “Formica Report,” a report from two years before (see November 2004) that detailed the findings of an investigation into allegations of detainee abuse at Camp Nama, a US detention facility at Baghdad International Airport in Iraq. The report, overseen by Brigadier General Richard Formica, is made available through a Freedom of Information Act request by the American Civil Liberties Union (ACLU). The investigation found no evidence of any detainees being abused by Army personnel. A Defense Department official says: “This is not new news. The major points and the recommendations [from this report] have been implemented. This is an excellent example of the [Defense Department] doing the right thing; an excellent example of the department implementing the recommendations. You can’t ask for more from your government.” Formica conducted his investigation from May 2004 through November 2004. The official says that one of the most important changes made as a result of the Formica investigation was a clarification of authorized interrogation methods. [Armed Forces Press Service, 6/17/2006]
A retired Army general tells authors Lou Dubose and Jake Bernstein: “The Army is broken. It will take decades to fix.” A Pentagon veteran of the Gulf War who declines to allow his name to be used, he says of that period: “It was different then. The staffs were apolitical. And the military was taken care of. If we made a mistake, we did no irreparable harm. [Vice President] Cheney now seems oblivious to what the military needs. That’s because he trusts [Defense Secretary] Rumsfeld.… So we have an army that is broken. The DOD [Defense Department] is broken. And the process is broken. Rumsfeld has left us with the smallest army since before 1941. First time in the history of the country that we haven’t surged up the Army in time of war. We have never not surged up the Army in time of war. So we redeploy, and redeploy, and redeploy, and break down the Army.… They’re not surging up, and they’re burning through equipment in Iraq. [Cheney and Rumsfeld have done] irreparable harm” to the Army. Larry Wilkerson, the former chief of staff to former Secretary of State Colin Powell, agrees: “They have gone through so much equipment in Iraq,” he tells Dubose and Bernstein. He says the true test the military will face will not be on the battlefield, but in Washington. “The first challenge is going to be the reconstruction bill that will confront the next president. I mean bringing the ground forces, and to a certain extent the Air Force, back to levels pre-Iraq. They have burned up Abrams tanks, Chinook helicopters, all very expensive hardware, at a rate which is astronomical.” Wilkerson believes the Army will also find it very difficult to find large numbers of new recruits to replenish the ranks. [Dubose and Bernstein, 2006, pp. 221-222]
Federal prosecutors attempt to determine just how much corruption, fraud, and theft has occurred among government contracts handed out to corporations for their work in Iraq. The preliminary answer: a great deal. The US Justice Department chooses to center its probe into war profiteering in the small town of Rock Island, Illinois, because high-ranking Army officials at the arsenal there administer KBR’s LOGCAP III contract to feed, shelter, and support US soldiers, and to rebuild Iraq’s oil infrastructure. KBR, formerly Kellogg, Brown, & Root, is a subsidiary of oil-construction giant Halliburton. The reported violations are rampant (see February 20, 2008, October 2005, October 2002, April 2003, June 2003, and September 21, 2007). [Chicago Tribune, 2/20/2008] The investigation is under the aegis of the National Procurement Fraud Task Force, formed by the Justice Department to detect, identify, prevent, and prosecute procurement fraud by firms such as KBR. The Task Force includes the FBI, the US Inspectors General community, the Executive Office for United States Attorneys, and others. [PR Newswire, 7/13/2007]
Multiple Prosecutions Underway - The Justice Department prosecutes four former supervisors for KBR, the large defense firm responsible for most of the military logistics and troop supply operations in Iraq. The government also prosecutes five executives from KBR subcontractors; an Army officer, Pete Peleti, has been found guilty of taking bribes (see February 20, 2008). Two KBR employees have already pleaded guilty in another trial, and about twenty more people face charges in the ever-widening corruption scandal. According to recently unsealed court documents, kickbacks, corruption, and fraud were rampant in contractual dealings months before the first US combat soldier arrived in Iraq. Not only did KBR contractors receive handsome, and illicit, payoffs, but the corruption and fraud endangered the health and safety of US troops stationed in Iraq and Kuwait. One freight-shipping subcontractor has already confessed to bribing five KBR employees to receive preferential treatment; five more were named by Peleti as accepting bribes. Prosecutors have identified three senior KBR executives as having approved deliberately inflated bids. None of these people have yet been charged. Other related charges have been made, from KBR’s refusal to protect employees sexually assaulted by co-workers to findings that the corporation charged $45 for a can of soda.
Pentagon Slashed Oversight - The overarching reason why such rampant fraud was, and is, taking place, prosecutors and observers believe, is that the Department of Defense outsourced critical troop support jobs while simultaneously slashing the amount of government oversight (see 2003 and Beyond).
Lack of Cooperation - Kuwait refuses to extradite two Middle Eastern businessmen accused of LOGCAP fraud. And KBR refuses to provide some internal documents detailing some of its managers’ business dealings. KBR says it “has not undertaken an exhaustive search of its millions of pages of procurement documents” to determine whether other problems exist. [Chicago Tribune, 2/20/2008; Chicago Tribune, 2/21/2008]
Defense Secretary Robert Gates tells the military to minimize its controversial “stop-loss” program (see November 2002), which forces US soldiers to remain on active duty long after their terms of service have expired. While US Army spokespersons have defended the policy as essential for keeping units intact, critics say it hurts morale and has strong, adverse effects on recruiting and retention (see September 15, 2004). Gates gives each branch of the military until February 28, 2007, to suggest how it intends to minimize stop-loss deployments for both active and reserve troops. [National Guard, 2/2007] Gates’s order will have little real impact (see May 2008).
Two unnamed US Special Forces soldiers accused of complicity in the March 2003 deaths of Afghan soldier Jamal Naseer and Afghan peasant Wakil Mohammed are given administrative reprimands by the US Army. Naseer was reportedly tortured to death by Special Forces soldiers (see March 16, 2003) and the unarmed Mohammed was shot after a firefight near the Special Forces base of Gardez (see March 1, 2003).
But a statement released by the Special Forces Command indicates that the reprimands only fault the soldiers for assault relating to the “slapping of detainees.” It states that the soldier who shot Wakil Muhammed was acting in self-defense. As for Naseer, “all other allegations, to include voluntary manslaughter and aggravated assault of detainee Jamal Naseer, were found to be unsubstantiated.” A reprimand is not a formal punishment, rather it has the effect of reducing the recipient’s prospects for a promotion and can end a military career. A military investigation began in 2004 after media reports about their deaths (see September 21, 2004). [Crimes of War Project, 1/31/2007]
The US Army is ordering soldiers already wounded in Iraq and certified as medically unfit for combat to return to Iraq anyway, regardless of their fitness for duty. "This is not right," says Master Sergeant Ronald Jenkins, who has been ordered to Iraq even though he has a spine problem that doctors say would be damaged further by heavy Army protective gear. "This whole thing is about taking care of soldiers. If you are fit to fight you are fit to fight. If you are not fit to fight, then you are not fit to fight." Some of Jenkins’s fellow soldiers also being sent back are too injured to wear their body armor, according to their medical records, but Jenkins and others had their "physical profiles" summarily downgraded by Army medical officials, without even a medical exam, so they could be returned to Iraq. Jenkins thinks doctors are helping to send hurt soldiers like him to Iraq to make units going there appear to be at full strength. "This is about the numbers," he says. Steve Robinson of Veterans for America says, "You cannot just look at somebody and tell that they were fit. It smacks of an overstretched military that is in crisis mode to get people onto the battlefield." Brigade commander Colonel Wayne Grigsby says he doesn’t know how many wounded and injured soldiers are returning to Iraq, but "They can be productive and safe in Iraq," he says. Other soldiers slated to leave for Iraq with injuries say they wonder whether the same thing is happening in other units in the Army. "You have to ask where else this might be happening and who is dictating it," one soldier says. "How high does it go?" [Salon, 3/11/2007]
Soldiers salute their fallen comrades at a Fort Lewis memorial service. [Source: New York Times]Families of slain US soldiers based at Fort Lewis, Washington, are pleading with base commanders to reconsider their recent decision to only honor the base’s war dead once a month instead of individually. The decision comes after twenty soldiers deployed from the base were reported killed in action; base officials then announced that Fort Lewis would only hold memorial services for once a month to collectively honor its fallen soldiers. Since then, veterans and the families of the slain have protested the change as, in reporter William Yardley’s words, “cold and logistics-driven.” Web-based critics have charged that the military is trying to minimize the bad news from Iraq. In June, the base will place the decision on hold; base commander Lieutenant General Charles Jacoby will decide whether or not to carry out the policy. “If I lost my husband at the beginning of the month, what do you do, wait until the end of the month?” demands Toni Shanyfelt, whose husband is serving one of multiple tours in Iraq. “I don’t know if it’s more convenient for them, or what, but that’s insane.” Military historians note that during the Vietnam and Korean Wars, base memorial services were rare, but since the advent of the all-volunteer military, the base is a center for the community, and memorial services for the fallen are among the most important base functions. Former interim base commander Brigadier General William Troy, who originally announced the policy, wrote in explanation, “As much as we would like to think otherwise, I am afraid that with the number of soldiers we now have in harm’s way, our losses will preclude us from continuing to do individual memorial ceremonies.” Some other Army bases already hold monthly services; some hold them even less frequently. Major Cheryl Phillips, an Army spokeswoman, notes that the decision on memorial services is up to the base commanders, saying, “Several installations have conducted services for each individual soldier and now have begun to roll them into a quarterly service because, alas, the casualty numbers are rising.” [New York Times, 7/25/2007]
Former KBR subcontract administrator Anthony J. Martin pleads guilty to violating the Anti-Kickback Act. Martin admits to taking bribes from a Kuwaiti company in 2003 in return for granting a $4.67 million contract to the firm. Although the Justice Department does not identify the Kuwaiti firm, other court documents subsequently name the firm as First Kuwaiti General Trading & Contracting (see September 21, 2007). Martin worked from February 2003 through February 2004 in Kuwait, where he solicited bids from prospective subcontractors under KBR’s largest contract with the US Army, the Logistics Civil Augmentation Program (LOGCAP III). Martin’s conviction is part of a much larger investigation mounted by the Justice Department in Rock Island, Illinois, investigating corporate fraud in the provision of logistics to the US military deployed in Iraq and Afghanistan (see October 2006 and Beyond). Martin has admitted to accepting $10,000 from the managing partner of First Kuwaiti, Lebanese businessman Wadih Al Absi. He was to receive almost $200,000 more, but testified in his plea bargain agreement that he felt guilty about taking the $10,000 and subsequently refused to take any more. Martin faces up to ten years in prison and possible restitution. [PR Newswire, 7/13/2007; Associated Press, 9/21/2007]
President Bush signs Executive Order 13440, which authorizes the CIA to continue using so-called “harsh” interrogation methods against anyone in US custody suspected of being a terrorist, or having knowledge of terrorist activities. The order relies on, and reaffirms, Bush’s classification of “al-Qaeda, Taliban, and associated forces” as “unlawful enemy combatants” who are not covered under the Geneva Conventions. The order also emphasizes that the Military Commissions Act (MCA) (see October 17, 2006) “reaffirms and reinforces the authority of the president to interpret the meaning and application of the Geneva Conventions.” The order does not include “murder, torture, cruel or inhuman treatment, mutilation or maiming, intentionally causing serious bodily injury, rape, sexual assault or abuse, taking of hostages, or performing of biological experiments… other acts of violence serious enough to be considered comparable to murder, torture, mutilation, and cruel or inhuman treatment… any other acts of cruel, inhuman, or degrading treatment or punishment prohibited” by law. It also precludes acts of extreme humiliation “that any reasonable person, considering the circumstances, would deem the acts to be beyond the bounds of human decency, such as sexual or sexually indecent acts undertaken for the purpose of humiliation, forcing the individual to perform sexual acts or to pose sexually, [or] threatening the individual with sexual mutilation, or using the individual as a human shield.” The order also excludes acts that denigrate a detainee’s religion or religious practices. [White House, 7/20/2007] The order does not apply to the Army, which has numerous interrogators operating at Guantanamo and other US detention facilities. [Social Science Research Network, 3/18/2008] CIA Director Michael Hayden says, “We can now focus on our vital work, confident that our mission and authorities are clearly defined.” Administration officials say that because of the order, suspects now in US custody can be moved immediately into the “enhanced interrogation” program. Civil libertarians and human rights advocates are much less enamored of the new order. Human Rights Watch official Tom Malinowski says, “All the order really does is to have the president say, ‘Everything in that other document that I’m not showing you is legal—trust me.’” [Washington Post, 7/21/2007] In January 2009, President Obama will withdraw the order. [Washington Independent, 4/21/2009]
Entity Tags: US Department of the Army, Tom Malinowski, Taliban, George W. Bush, Geneva Conventions, Al-Qaeda, Barack Obama, Central Intelligence Agency, Military Commissions Act, Michael Hayden
Timeline Tags: Torture of US Captives, Civil Liberties
A Rapid City Journal article uses interviews with the families of three soldiers to illustrate the harm and suffering inflicted on military personnel and their families by the Army’s controversial stop-loss program (see November 2002 and November 13, 2003). One of the three soldiers is Sergeant Mason Lockey, who has been forced to redeploy to Iraq due to stop-loss. Lockey saw his daughter Brianna for the first time about three weeks after her birth, in November 2006; he took part in her delivery via cell phone from Iraq. He had planned on returning home on July 19, 2007, a year after his deployment, in time to help her learn to speak and walk. Instead, under stop-loss, Lockey is forced to remain in Iraq until at least October 15, and perhaps longer.
Three Sons in Service - Deb Halen-Boyd, whose two sons served in Iraq as Army troops, calls the stop-loss program an example of the government breaking faith with its soldiers. “You fulfill your obligation, you should be done,” she says. “They’ve done what they’ve signed up to do.” One of Halen-Boyd’s sons has had to remain in Iraq due to stop-loss. She had a third son in the Army who died in a truck accident in Minnesota; her fourth son has now enlisted in the National Guard, with the government’s promise that he wouldn’t be deployed. But Halen-Boyd doesn’t believe the government will keep its word. “Nothing with the Army is a guarantee,” she says.
Missing Daughter's First Three Years - Barb Pierce, whose son Ryan served in Kosovo and twice in Iraq as a member of his Army unit, agrees. “It should be fair.… They’ve done their part. Let them come home.” Sergeant Ryan Pierce has been forced to remain in Iraq due to the stop-loss policy until at least January 2008. Pierce missed the birth of his daughter and the death of his wife’s grandmother and aunt. He was unable to attend his grandmother’s funeral. He has missed every wedding anniversary. He has missed two of his daughter’s three birthdays.
No Re-enlistments, Anger at Government - None of the soldiers cited in the Rapid City Journal article plan on rejoining the Army after they are finally allowed to come home. Vanessa Lockey, whose husband has six more years to go on his re-enlistment, says, “Mason and I are strong Republicans, but it is hard to support a government that is willing to do this to a family. How is it fair?… Mason’s very supportive of the military. We grew up military, we love the military lifestyle, and we were very pro-Bush and that, but the more you see them acting like these soldiers are nothing but a game to them… it’s just hard to support that and know that’s who you’re defending.… It really does feel like they forgot about us.… I’ll support [President] Bush when he sends his daughters to Iraq.” Barb Pierce echoes Halen-Boyd’s sentiments. She is proud of her son’s service as she is of other soldiers’ service. She is proud to be an American, she says. But, “I want to be proud of my country, too. And right now I’m not.” Halen-Boyd wears a bumper sticker on her car that reads, “‘We Love Our Troops. Bring Them Home.” [Rapid City Journal, 7/24/2007]
The American Civil Liberties Union (ACLU) releases documents that provide evidence of a possible cover-up of Iraqi prisoner abuse by American personnel in 2003. The documents detail US Army Office of Inspector General investigations by three high-ranking Army officials: Major General Barbara Fast, then the top intelligence officer in Iraq (see December 2003); Major General Walter Wojdakowski; and former CENTCOM head Lieutenant General Ricardo Sanchez. The documents suggest that these three flag officers failed to act promptly when informed of the abuses at Abu Ghraib. They also show that an Army investigator found that the conditions of prisoners held in isolation at the Iraqi prison qualified as torture. “These documents make clear that prisoners were abused in US custody not only at Abu Ghraib, but also in other locations in Iraq,” says ACLU official Amrit Singh. “Rather than putting a stop to these abuses, senior officials appear to have turned a blind eye to them.” The documents also show that Major General George Fay (see August 25, 2004) found the conditions of prisoners held in isolation at Abu Ghraib to be torture: “[W]hat was actually being done at Abu Ghraib was they were placing people in their cells naked and they were—those cells they were placing them in, in many instances were unlit. No light whatsoever. And they were like a refrigerator in the wintertime and an oven in the summertime because they had no outside form of ventilation. And you actually had to go outside the building to get to this place they called the ‘hole,’ and were literally placing people into it. So, what they thought was just isolation was actually abuse because it’s—actually in some instances, it was torturous. Because they were putting a naked person into an oven or a naked person into a refrigerator. That qualifies in my opinion as torture. Not just abuse.” Fay also noted in the document that a memo from then-Secretary of Defense Donald Rumsfeld authorizing removal of clothing created a ‘mindset’ in which that kind of humiliation was considered an “acceptable technique.” He noted that even though Rumsfeld later rescinded the memo (see August 25, 2004), not everyone received notice that the interrogation of naked prisoners was no longer permissible. [American Civil Liberties Union, 8/15/2007]
President Bush vetoes legislation passed by Congress that would have banned the CIA from using waterboarding and other “extreme” interrogation techniques. The legislation is part of a larger bill authorizing US intelligence activities. The US Army prohibits the use of waterboarding and seven other interrogation techniques in the Army Field Manual; the legislation would have brought the CIA in line with US military practices. Waterboarding is banned by many countries and its use by the US and other regimes has been roundly condemned by US lawmakers and human rights organizations. The field manual also prohibits stripping prisoners naked; forcing them to perform or simulate sexual acts; beating, burning, or otherwise inflicting harm; subjecting prisoners to hypothermia; subjecting prisoners to mock executions; withholding food, water, or medical treatment; using dogs to frighten or attack prisoners; and hooding prisoners or strapping duct tape across their eyes.
Reasoning for Veto - “Because the danger remains, we need to ensure our intelligence officials have all the tools they need to stop the terrorists,” Bush explains. The vetoed legislation “would diminish these vital tools.” Bush goes on to say that the CIA’s interrogation program has helped stop terrorist attacks on a US Marine base in Djibouti and the US consulate in Pakistan, as well as stopped plans for terrorists to fly hijacked planes into a Los Angeles tower or perhaps London’s Heathrow Airport. He gives no specifics, but adds, “Were it not for this program, our intelligence community believes that al-Qaeda and its allies would have succeeded in launching another attack against the American homeland.” John D. Rockefeller (D-WV), the head of the Senate Intelligence Committee, disagrees, saying he knows of no instances where the CIA has used such methods of interrogation to obtain information that led to the prevention of a terrorist attack. “On the other hand, I do know that coercive interrogations can lead detainees to provide false information in order to make the interrogation stop,” he says. CIA Director Michael Hayden says that the CIA will continue to work within both national and international law, but its needs are different from those of the Army, and it will follow the procedures it thinks best. Bush complains that the legislation would eliminate not just waterboarding, but “all the alternative procedures we’ve developed to question the world’s most dangerous and violent terrorists.” [Reuters, 3/8/2008; Associated Press, 3/8/2008]
Criticism of Veto - Democrats, human rights leaders, and others denounce Bush’s veto. Senator Dianne Feinstein (D-CA) says, “This president had the chance to end the torture debate for good, yet he chose instead to leave the door open to use torture in the future.” Feinstein notes that Bush ignored the advice of 43 retired generals and admirals, and 18 national security experts, who all supported the bill. “Torture is a black mark against the United States,” she says. House Speaker Nancy Pelosi (D-CA) says she and fellow Democrats will try to override the veto and thus “reassert [the United States’s] moral authority.” Elisa Massimino of Human Rights First says, “The president’s refusal to sign this crucial legislation into law will undermine counterterrorism efforts globally and delay efforts to rebuild US credibility on human rights.” [Associated Press, 3/8/2008] New York Times journalist Steven Lee Myers writes that Bush vetoes the bill not just to assert his support for extreme interrogation techniques or to provide the government everything it needs to combat terrorism, but as part of his ongoing battle to expand the power of the presidency. Myers writes, “At the core of the administration’s position is a conviction that the executive branch must have unfettered freedom when it comes to prosecuting war.” [New York Times, 3/9/2008]
Entity Tags: Nancy Pelosi, Human Rights First, George W. Bush, Elisa Massimino, Dianne Feinstein, Central Intelligence Agency, John D. Rockefeller, Michael Hayden, US Department of the Army, Senate Intelligence Committee, Steven Lee Myers
Timeline Tags: Torture of US Captives, Civil Liberties
The Congressional Quarterly reports on a growing body of evidence that indicates US interrogators are using mind-altering drugs on prisoners suspected of terrorist ties. The evidence is not yet conclusive, but reporter Jeff Stein writes: “There can be little doubt now that the government has used drugs on terrorist suspects that are designed to weaken their resistance to interrogation. All that’s missing is the syringes and videotapes.”
Connection to Yoo Memo - The idea that the US might be using hallucinogenic or other drugs on detainees in Guantanamo and other US detention facilities was bolstered by the recent revelation of another “torture memo,” this one written in 2003 by then-Justice Department lawyer John Yoo (see March 14, 2003). Yoo wrote that US interrogators could use mind-altering drugs on terror suspects as long as the drugs did not produce “an extreme effect” calculated to “cause a profound disruption of the senses or personality.” Yoo first rationalized the use of drugs on prisoners in earlier “torture memos” (see January 9, 2002 and August 1, 2002).
Criticism - Stephen Miles, a bioethicist and author of a recent book detailing medical complicity in US torture of suspected terrorists, notes: “The new Yoo memo, along with other White House legal memoranda, shows clearly that the policy foundation for the use of interrogational drugs was being laid. The recent memo on mood-altering drugs does not extend previous work on this area. The use of these drugs was anticipated and discussed in the memos of January and February 2002 by [Defense Department, Justice Department], and White House counsel using the same language and rationale. The executive branch memos laid a comprehensive and reiterated policy foundation for the use of interrogational drugs.” Jeffrey Kaye, a clinical psychologist who works with torture victims through Survivors International, says plainly: “Yes, I believe [drugs] have been used. I came across some evidence that they were using mind-altering drugs, to regress the prisoners, to ascertain if they were using deception techniques, to break them down.”
Varieties of Drugs and Placebos Being Used? - It is well known that US military personnel often use sedatives on shackled and hooded prisoners on “rendition” flights from Middle Eastern countries to Guantanamo. There is no hard evidence to support claims that US interrogators are using hallucinogenic drugs such as LSD on detainees. However, Michael Caruso, who represents suspected al-Qaeda operative Jose Padilla (see May 8, 2002), filed a motion last year asserting that his client “was given drugs against his will, believed to be some form of lysergic acid diethylamide (LSD) or phencyclidine (PCP), to act as a sort of truth serum during his interrogations.” Caruso had no proof to back up his claim.
KUBARK - Stein notes that a 1963 CIA interrogation manual, code-named KUBARK, advocated the use of placebos as well as real drugs on prisoners. And Michael Gelles, a psychologist with the Naval Criminal Investigative Institute who has spoken out against the abuse of prisoners at Guantanamo, says that he never saw anything related to drugs. “I never saw that raised as an issue,” he says. Hallucinogens such as LSD do not make subjects tell the truth. According to KUBARK, “Their function is to cause capitulation, to aid in the shift from resistance to cooperation.”
Winging It - In July 2003, the CIA, the RAND Corporation, and the American Psychological Association hosted a workshop that explored the question of using drugs to “affect apparent truth-telling behavior” (see June 17-18, 2003). After 9/11, top Bush administration officials pushed military commanders for quick intelligence but, according to a recent study, the interrogators unsure how to use harsher methodologies (see December 2006) and began “mak[ing] it up on the fly.”
Guantanamo - Guantanamo staff judge advocate Lieutenant Colonel Diane Beaver says that some of the interrogators drew inspiration from the popular TV drama 24 (see Fall 2006). Beaver makes no mention of drugs being used, but Ewe Jacobs, the director of Survivors International, says she may not have seen or heard about their use. “The Guantanamo camps were isolated from one another,” he says. What happened in one part of the facility may not have been known in other areas. Miles adds, “I suspect that most of the use of interrogational drugs was by CIA and Special Ops interrogators, and thus still remains classified.”
Credibility Issues - As with victims of the CIA’s MK-ULTRA program from the 1960s and 70s, when unwitting subjects were dosed with hallucinogenic drugs and their reactions catalogued and observed, the detainees who may have been forcibly given such drugs will likely not be believed by many. Absent hard evidence, many will consider the detainees either “looney,” in Stein’s words, or liars. Few believe that Padilla was drugged. And, Stein concludes, “Even fewer will believe the other prisoners, a number of whom are deranged from prolonged interrogation—if they ever get out.” [Congressional Quarterly, 4/4/2008]
Entity Tags: Jose Padilla, Ewe Jacobs, Diane E. Beaver, Central Intelligence Agency, Bush administration (43), American Psychological Association, Jeff Stein, John C. Yoo, Richard (“Dick”) Cheney, US Department of the Army, Jeffrey Kaye, Stephen Miles, RAND Corporation, Michael Caruso, Michael Gelles, Survivors International
Timeline Tags: Torture of US Captives
Regardless of the intention of the military to “minimize” its controversial “stop-loss” program (see November 2002 and January 19, 2007), which forces US soldiers to remain deployed in Iraq or Afghanistan for months after their term of duty has expired, the number of soldiers affected by the policy has increased by 43 percent in the last year, and Army officials say the stop-loss program will remain in effect through at least the fall of 2009. Some officials say that the number of troops affected by stop-loss orders will fall as “surge” troops (see January 10, 2007) redeploy. Currently, over 12,230 soldiers are being prevented from returning home even though their commitments to the Army have expired. That number was 8,540 in May 2007. Since 2002, about 58,000 soldiers have been affected by stop-loss policies. “As the [war zone] demand comes down, we should be able to get us weaned off stop-loss,” says Lieutenant General James Thurman. Stop-loss policies forbid active-duty soldiers within 90 days of retirement or obligated service from leaving the Army if they are in units alerted for deployment. Reservists and National Guard members are barred from leaving if their units have been alerted for mobilization. Though Defense Secretary Robert Gates ordered the Army and other branches of service to “minimize” their use of stop-loss, the number of soldiers affected has increased since Gates’s orders were issued in January 2007. [Army Times, 5/5/2008]
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):
March 2003: Iraqi prisoner Hemdan El Gashame was shot to death in Nasiriyah (see March 2003);
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);
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);
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]
The American Civil Liberties Union (ACLU) releases Defense Department documents that detail systematic patterns of prisoner abuse in US detention facilities in Iraq. The documents, obtained through a Freedom of Information Act lawsuit, also show that Army investigations of abuse allegations in Iraq were compromised by missing records, flawed interviews, and problems with witnesses. ACLU lawyer Jameel Jaffer says: “The Bush administration created a climate in which abuse was tolerated even when it wasn’t expressly endorsed. With a new administration entering the White House, we should remember that the tone set by senior military and intelligence officials has very real implications for what takes place in US detention facilities overseas. The new administration should make clear from the outset that it won’t turn a blind eye to torture and abuse.”
Variety of Abuses - The documents pertain to eight Army investigations into detainee abuse conducted in 2003 and 2004. The abuse allegations included food and sleep deprivation, electric shocks, sexual threats, urinating on detainees, and the use of stress positions and attack dogs. One soldier stationed at Camp Cropper testified that “soldiers would hog-tie detainees out of their own frustration, because detainees would continuously ask them for water or in some form not be compliant.” A prisoner held in a facility called “Kilometer 22” testified that he was punched and beaten by an Egyptian interrogator when he did not provide the answers his US interrogators wanted. “These documents provide more evidence that abuse of prisoners was systemic in Iraq, and not limited to any particular detention center or military unit,” Jaffer says. “There was a culture of impunity.”
Compromised Investigations - Six of the eight investigations were compromised by an inability to locate key records. Three investigations included documents where military personnel stated that their facilities were so disorganized that it would be impossible to produce records on detainees. Three investigations were constrained when interviewees claimed not to recognize the names of the relevant detention facilities or the names of the capturing units. [American Civil Liberties Union, 11/19/2008]
A former Air Force interrogator writing under the pseudonym “Matthew Alexander” pens an impassioned plea against the use of torture for the Washington Post. Alexander is a former Special Operations soldier with war experience in Bosnia and Kosovo before volunteering to serve as a senior interrogator in Iraq from February 2006 through August 2006. He writes that while he served in Iraq, his team “had successfully hunted down one of the most notorious mass murderers of our generation, Abu Musab al-Zarqawi, the leader of al-Qaeda in Iraq and the mastermind of the campaign of suicide bombings that had helped plunge Iraq into civil war.” Yet upon his return, Alexander writes that he was less inclined to celebrate American success than “consumed with the unfinished business of our mission: fixing the deeply flawed, ineffective and un-American way the US military conducts interrogations in Iraq.” Since then, Alexander has written a book, How to Break a Terrorist: The US Interrogators Who Used Brains, Not Brutality, to Take Down the Deadliest Man in Iraq (see December 2-4, 2008). He writes that interrogation techniques used against terror suspects in Iraq both “betrays our traditions” and “just doesn’t work.”
Army Used 'Guantanamo Model' of Interrogation - When he joined the team hunting for al-Zarqawi, he was astonished to find that “[t]he Army was still conducting interrogations according to the Guantanamo Bay model: Interrogators were nominally using the methods outlined in the US Army Field Manual, the interrogators’ bible, but they were pushing in every way possible to bend the rules—and often break them.… These interrogations were based on fear and control; they often resulted in torture and abuse.”
New and Different Methodology - Alexander refused to allow his interrogators to use such tactics, he writes, and instead taught them a new set of practices: “one based on building rapport with suspects, showing cultural understanding and using good old-fashioned brainpower to tease out information. I personally conducted more than 300 interrogations, and I supervised more than 1,000. The methods my team used are not classified (they’re listed in the unclassified Field Manual), but the way we used them was, I like to think, unique. We got to know our enemies, we learned to negotiate with them, and we adapted criminal investigative techniques to our work (something that the Field Manual permits, under the concept of ‘ruses and trickery’). It worked. Our efforts started a chain of successes that ultimately led to Zarqawi.” Alexander writes that his attitude, and that of his colleagues, changed during this time. “We no longer saw our prisoners as the stereotypical al-Qaeda evildoers we had been repeatedly briefed to expect; we saw them as Sunni Iraqis, often family men protecting themselves from Shi’ite militias and trying to ensure that their fellow Sunnis would still have some access to wealth and power in the new Iraq. Most surprisingly, they turned out to despise al-Qaeda in Iraq as much as they despised us, but Zarqawi and his thugs were willing to provide them with arms and money.” When Alexander pointed this out to General George Casey, then the top US commander in Iraq, Casey ignored him. Alexander writes that Casey’s successor, General David Petraeus, used some of the same “rapport-building” techniques to help boost the “Anbar Awakening,” which saw tens of thousands of Sunnis repudiate al-Zarqawi and align themselves with the US. And, the techniques persuaded one of al-Zarqawi’s associates to tell where he was hiding, giving the US a chance to find and kill him (see June 8, 2006).
Little Overall Change - Even the success in locating and killing al-Zarqawi had little effect on US interrogation methods outside of Alexander’s unit. He left Iraq still unsettled about the methods being used; shortly after his return, he was horrified at news reports that the CIA had waterboarded detainees to coerce information from them (see Between May and Late 2006). Such hard-handed techniques are not only illegal and morally reprehensible, Alexander notes, they usually don’t work. He writes: “Torture and abuse are against my moral fabric. The cliche still bears repeating: Such outrages are inconsistent with American principles. And then there’s the pragmatic side: Torture and abuse cost American lives.” He remembers one jihadist who told him: “I thought you would torture me, and when you didn’t, I decided that everything I was told about Americans was wrong. That’s why I decided to cooperate.”
Torture Breeds Terrorism - Alexander writes that while in Iraq, he learned that the primary reason foreign jihadists came to Iraq to fight Americans was because of their outrage and anger over the abuses carried out at Guantanamo and Abu Ghraib. “Our policy of torture was directly and swiftly recruiting fighters for al-Qaeda in Iraq,” he writes. “The large majority of suicide bombings in Iraq are still carried out by these foreigners. They are also involved in most of the attacks on US and coalition forces in Iraq. It’s no exaggeration to say that at least half of our losses and casualties in that country have come at the hands of foreigners who joined the fray because of our program of detainee abuse. The number of US soldiers who have died because of our torture policy will never be definitively known, but it is fair to say that it is close to the number of lives lost on Sept. 11, 2001. How anyone can say that torture keeps Americans safe is beyond me—unless you don’t count American soldiers as Americans.”
Writing about His Experiences - Alexander began writing about his time in Iraq after returning to the US. When he submitted his book for the Defense Department’s review (standard procedure to ensure no classified information is being released), he writes that he “got a nasty shock.” The Pentagon delayed the review past the first scheduled printing date, then redacted what Alexander says was “an extraordinary amount of unclassified material—including passages copied verbatim from the Army’s unclassified Field Manual on interrogations and material vibrantly displayed on the Army’s own Web site.” Alexander was forced to file a lawsuit to get the review completed and to appeal the redactions. “Apparently, some members of the military command are not only unconvinced by the arguments against torture; they don’t even want the public to hear them.”
Conclusions - How we conduct ourselves in the “war on terror” helps define who we are as Americans, Alexander writes. “Murderers like Zarqawi can kill us, but they can’t force us to change who we are. We can only do that to ourselves.” It is up to Americans, including military officers directly involved in the battle against terrorist foes, “to protect our values not only from al-Qaeda but also from those within our own country who would erode them.” He continues: “We’re told that our only options are to persist in carrying out torture or to face another terrorist attack. But there truly is a better way to carry out interrogations—and a way to get out of this false choice between torture and terror.” With the ascension of Barack Obama to the White House, Alexander describes himself as “quite optimistic” that the US will renounce torture. “But until we renounce the sorts of abuses that have stained our national honor, al-Qaeda will be winning. Zarqawi is dead, but he has still forced us to show the world that we do not adhere to the principles we say we cherish. We’re better than that. We’re smarter, too.” [Washington Post, 11/30/2008]
General Eric Shinseki looks on as President-elect Obama announces his choice to head the Department of Veterans Affairs. [Source: Los Angeles Times]President-elect Barack Obama selects retired General Eric Shinseki to be the new head of the Department of Veterans Affairs. Shinseki, a decorated Vietnam veteran, was the Army Chief of Staff when, months before the launch of the Iraq invasion, the US would need to send far more troops into Iraq than were allocated (see February 25, 2003). He also warned of the possibility of ethnic rivalries erupting into violent confrontations, and of the difficulties faced by a US-led reconstruction. Shinseki was ridiculed by then-Defense Secretary Donald Rumsfeld and his then-deputy, Paul Wolfowitz (see February 27, 2003). Obama now says of Shinseki, “He was right.” Obama adds, “We owe it to all our veterans to honor them as we honored our Greatest Generation,” referring to World War II-era veterans. “Not just with words, but with deeds.” The announcement is made on the 67th anniversary of the bombing of Pearl Harbor; Shinseki is of Japanese ancestry. Shinseki says, “Even as we stand here today, there are veterans who have worried about keeping their health care or even their homes, paying their bills or finding a good job when they leave the service.” He promises to run a “21st century VA.” [Chicago Sun-Times, 12/8/2008; Democratic National Committee, 12/8/2008]
'Straight Shooter,' 'Stinging Rebuke' of Bush Policies - Responses to Shinseki’s impending appointment focus on Shinseki’s competence and the implied repudiation of Bush-era policies towards the military. Senator Patrick Leahy (D-VT) calls Shinseki “a straight shooter and truth talker,” and says that his is the kind of leadership the VA needs after what he calls years of neglect of the agency by the Bush administration. [Barre-Montpelier Times Argus, 12/7/2008] The Boston Globe echoes Leahy’s characterization, calling Shinseki a “truth teller,” and writes: “The choice is a stinging rebuke not just of Rumsfeld and President Bush for failing to take Shinseki’s advice on the Iraq war, but also of the administration’s weak effort to solve the medical, educational, emotional, and employment problems that veterans are having in returning to civilian life. Just as the Bush administration thought it could oust Saddam Hussein and create a peaceful, democratic Iraq with a bare-bones force, it has tried to skimp on veterans services.” [Boston Globe, 12/9/2008] And the Washington Post’s E. J. Dionne adds, “In naming Shinseki to lead the Department of Veterans Affairs, Obama implicitly set a high standard for himself by declaring that truth-tellers and dissenters would be welcome in his administration.” [Washington Post, 12/9/2008] The chairman of the House Veterans Affairs Committee, Bob Filner (D-CA), says that Shinseki faces a daunting task: “The stakes are high at the Department of Veterans Affairs. Our veterans need to know that their service to our country is respected and honored. A new basis of stable funding must be developed. The claims backlog must be attacked in a new and dynamic way. And the mental health of our veterans—from every conflict and each generation—must remain a high priority.” John Rowan of the Vietnam Veterans of America (VVA) believes Shinseki is up for the challenge: “We have no doubt that General Shinseki has the integrity and personal fortitude to usher in the real changes needed to make the VA a true steward of our nation’s veterans and their families. His selection certainly lives up to Mr. Obama’s promise to bring change and hope to Washington. VA bureaucrats, for whom ‘change’ is a dirty word, will learn that there really is a new game in town. Veterans of all political persuasions should take heart and applaud this choice.” [Washington Times, 12/8/2008]
'Lionized by Wounded Warriors' - Thomas DeFrank of the New York Daily News writes: “By restoring to grace a retired four-star general whose career was vaporized by… Rumsfeld for daring to tell the truth, Obama has delivered a powerful symbolic statement that his government will indeed be different from the last. Shinseki’s treatment at the hands of Rumsfeld and his deputy Paul Wolfowitz is a classic of petty, meanspirited retribution.… By rehabilitating him… Obama has signaled he’s not interested in surrounding himself with toadies and yes-men. A president-elect determined to withdraw from Iraq has also helped himself with veterans. [Shinseki] is lionized by wounded warriors for his grit in persuading Army brass to let him stay on active duty after losing part of a foot in Vietnam.” [New York Daily News, 12/7/2008] And the New York Times writes, “It is heartening to know that [Shinseki] has been chosen to lead the agency charged with caring for America’s veterans, who deserve far better treatment than the country has given them.” [New York Times, 12/9/2008]
Anonymous Criticism - One of the few sour notes is sounded by the conservative Washington Times, which quotes an anonymous “high-ranking retired officer” as saying: “How much time has he spent visiting the PTSD [post-traumatic stress disorder] wards, the multiple-amputee wards, the burn wards? The major question I have is: Just what has he done for the past five years to show any concern for our veterans? I do not see any evidence of Shinseki being an agent for change.” [Washington Times, 12/8/2008]
Entity Tags: Boston Globe, Vietnam Veterans of America, Washington Times, Barack Obama, Robert Earl (“Bob”) Filner, US Department of the Army, Thomas DeFrank, US Department of Veterans Affairs, Patrick J. Leahy, Donald Rumsfeld, Paul Wolfowitz, Eric Shinseki, E. J. Dionne, John Rowan, New York Times, George W. Bush
Timeline Tags: US Military
Army Emergency Relief logo. [Source: US Army]The Associated Press reveals the results of its investigation into the nonprofit organization Army Emergency Relief (AER). The investigation shows that between 2003 and 2007, the organization kept $117 million in so-called “reserve” funds, and only distributed $64 million in assistance. Another $164 million was apparently used to cover operating costs. Most of the money collected by AER comes from donations by soldiers and their families. AER is an ostensibly independent organization that is actually controlled through the Army; it helps soldiers get through financial hardships by giving interest-free loans and donations. The AP finds that the organization “allows superiors to squeeze soldiers for contributions; forces struggling soldiers to repay loans—sometimes delaying transfers and promotions; and too often violates its own rules by rewarding donors, such as giving free passes from physical training.” Yet most of its money is being hoarded, much of it garnering interest in stocks and bonds, while Army soldiers and families are being denied help. Sema Olson, an outreach director for the US Welcome Home Foundation, says, “I have so many people who are losing their homes, they’re behind on their mortgage payments, they’re losing their jobs because of PTSD [post traumatic stress disorder] or the medication they’re taking—and the Army Emergency Relief can’t help them.” The smaller Navy and Air Force charities donated a far larger percentage of their monies to soldiers and their families during the four-year period investigated by the AP. AER officials defend their practice of hoading donations, pointing to the current economic crisis and insisting they need to keep large reserves to be ready for future problems. The American Institute of Philanthropy (AIP) says AER holds enough reserves to last about 12 years at its current level of aid; most charity watchdog organizations view a 1-3 year reserve as prudent, and classify larger reserves as hoarding. AIP president Daniel Borochoff says that AER collects money “very efficiently. What the shame is, is they’re not doing more with it.… It’s as if the group is more concerned about its own stability and longevity than the people it purports to serve.” Retired Colonel Dennis Spiegel, AER’s deputy director for administration, says he sees no need for AER to increase its giving. “I don’t necessarily think the need is any different than it was four or five years ago,” he says. In fact, Speigel says, the economic downturn has prompted AER to cut back on its scholarship aid program by a third. “We’re not happy about it,” he says. [Associated Press, 2/22/2009; KFOX-TV, 2/22/2009]
Defense Secretary Robert Gates announces that the Army will phase out its controversial and unpopular “stop-loss” program, which forces soldiers to stay in the Army past their service obligations (see November 13, 2003 and June 2, 2004). The program will be phased out over the next two years. Until then, the Pentagon will offer $500 a month in extra pay to soldiers who continue to serve under the policy, Gates says. Around 13,000 soldiers are currently serving under the stop-loss policy. “We will be drawing down in Iraq, over the next 18 or 19 months, significantly more than we are building up in Afghanistan, in terms of the Army,” Gates says. “While these changes do carry some risk, I believe it is important that we do everything possible to see that soldiers are not unnecessarily forced to stay in the Army beyond their end-of-term-of-service date.” The goal is to bring that number down to approximately 6,500 by June 2010, and to virtually zero by March 2011. “I felt, particularly in these numbers, that it was breaking faith” to keep soldiers in the service after their end date comes up, Gates says. “To hold them against their will… is just not the right thing to do.” Beginning in August 2009, the Army Reserve will no longer mobilize units under the stop-loss policy (see November 2002). The Army National Guard will follow suit in September 2009, and the active duty Army by January 2010. The Army retains the option to reactivate the program under “extraordinary” circumstances, Gates acknowledges. But, he says, that should happen only in an “emergency situation where we absolutely had to have somebody’s skills for a specific, limited period of time.” [Washington Post, 3/19/2009] The Army is the only branch of service to use stop-loss. [CNN, 3/18/2009] In 2007, Gates broke with previous Bush administration and military policy by ordering the program “minimized” (see January 19, 2007).
The Government Accountability Office (GAO) releases a report that says the withdrawal of US troops from Iraq by the end of 2011 (see February 27, 2009) will be a “massive and expensive effort” that is likely to increase, rather than lower, Iraq-related spending for several years. The GAO report finds, “Although reducing troops would appear to lower costs,” withdrawals from previous conflicts have shown that costs often rise in the short term. The price of equipment repairs and replacements, along with closing or turning over 283 US military installations in Iraq, “will likely be significant,” the report finds. Even smaller bases will take up to two months to close, and the largest facilities, such as Balad Air Base, with 24,000 soldiers and support personnel, may take up to 18 months to shut down. The report also notes uncertainties surrounding civilian security, issues surrounding the US Embassy in Baghdad, and the Iraqi government’s ability to sustain basic services and infrastructure. Currently, the US Army plans on withdrawing eight of the 14 brigades deployed in Iraq by August 2010. All US forces are to be out of Iraq by the end of 2011. [Washington Post, 3/25/2009]
Lawyer Orly Taitz (left) and Army Reserve Major Stefan Cook, during an interview for a television news crew. [Source: Anna Raccoon (.com)]US Army Reserve Major Stefan Frederick Cook says he should not be deployed to Afghanistan because President Obama is not a US citizen and therefore lacks the constitutional authority to order troops to do anything. Cook’s counsel, “birther” lawyer Orly Taitz (see November 12, 2008 and After and March 13, 2009), files a request in the US District Court for the Middle District of Georgia asking that the court bar Cook from deploying, and seeking conscientious objector status for her client. Taitz says in the filing that Cook believes Obama is not a natural-born citizen of the United States (see June 13, 2008, August 21, 2008, October 30, 2008, and July 28, 2009) and therefore has no obligation to obey orders from his superior officers that generate from Obama. Moreover, the filing says, Cook “would be acting in violation of international law by engaging in military actions outside the United States under this president’s command.… simultaneously subjecting himself to possible prosecution as a war criminal by the faithful execution of these duties.” Cook is ordered to mobilize for active duty tomorrow. He is to report to MacDill Air Force Base in Tampa, Florida, and then report to Fort Benning, Georgia, for overseas deployment. A week later, the Army revokes Cook’s deployment orders, instead ordering Cook to await an upcoming hearing on his court filing. Army Public Affairs Officer Lieutenant Colonel Maria Quan says that reservists such as Cook have the right to ask for revocation of their orders up to the day they are scheduled to report for active duty, but adds that Cook has not asked for such revocation. The Army has learned that Cook volunteered for deployment in May 2009, while simultaneously conferring with Taitz to file the complaint. [Columbus Ledger-Enquirer, 7/14/2009; Columbus Ledger-Enquirer, 7/14/2009] Cook has posted on the Free Republic, a far-right Web site and forum, for six years under the moniker “roaddog727.” As early as March 2010, Cook had exchanged emails with Taitz, suggested that he was one of a number of plaintiffs in a class-action lawsuit challenging Obama’s citizenship, and had posted a long discourse on Obama’s lack of citizenship on the Free Republic. Taitz has repeatedly solicited soldiers to take part in her anti-Obama lawsuits. [Washington Independent, 7/14/2009; Mudville Gazette, 7/15/2009] On July 16, the day of the hearing, Cook is joined in the complaint by retired Army Major General Carol Dean Childers and active reserve Air Force Lieutenant Colonel David Earl Graeff. The government says that because Cook’s orders have been revoked, the complaint filed by Taitz is “moot”: “The commanding general of SOCCENT (US Special Operations Central Command) has determined that he does not want the services of Major Cook, and has revoked his deployment orders.” Taitz revises the complaint to add Childers and Graeff to the suit, “because it is a matter of unparalleled public interest and importance and because it is clearly a matter arising from issues of a recurring nature that will escape review unless the Court exercises its discretionary jurisdiction.” The lawsuit now says the injunction is necessary to encompass the possibility of Cook receiving future orders for deployment as well as to address and prevent “negative collateral consequences such as retaliation against” Cook. The filing notes that Cook lost his job at defense contractor corporation Simtech because of the lawsuit, and complains that Cook is the target of “gossip” from people who believe he was “manipulating his deployment orders to create a platform for political purposes.” [Columbus Ledger-Enquirer, 7/16/2009] Federal judge Clay Land dismisses the suit, siding with the defense which calls the lawsuit “moot.” Land rules: “Federal court only has authority of actual cases and controversies. The entire action is dismissed for lack of subject matter jurisdiction.” Cook says after the ruling: “I love the Army and I want to continue to serve in the Army. If we can establish that [Obama] is in fact president of the United States legally, I’m on the airplane the next day over to Afghanistan… if they cut my deployment orders, so I can do the job that I want to do.… If one cannot establish the validity and legality of the order… we would be following illegal orders and subject to prosecution. I could be prosecuted by the Uniform Code of Military Justice and if captured I would not be privy to protections under the Geneva Convention.” [Columbus Ledger-Enquirer, 7/16/2009] Taitz claims victory. The military has shown its cards “and they have nothing to play with,” she says. “By revoking the orders, it’s clear to anybody. Think reasonably: Why would the military undermine itself by revoking its orders?” She says the Army revoked Cook’s orders because the government could not prove in court that Obama was born in the United States and is therefore the legitimate commander in chief. CENTCOM spokesman Lieutenant Commander Bill Speaks calls Taitz’s claim “ridiculous” and Cook’s position “a bizarre conspiracy theory. Suffice to say [that revoking the orders] is certainly not an acknowledgement or validation in any way of his claims.” [Stars and Stripes, 7/30/2009]
Entity Tags: Orly Taitz, Maria Quan, Clay Land, Carol Dean Childers, Free Republic, Bill Speaks, US Department of the Army, Stefan Frederick Cook, David Earl Graeff, Barack Obama
Timeline Tags: US Military, Domestic Propaganda
Stars and Stripes, the official news outlet for the US military, publishes an analysis of a lawsuit filed by Army reservist Major Stefan Cook, who asked a court to stop his deployment to Afghanistan because of his doubt that President Obama is a US citizen and therefore lacks the authority of commander in chief. The lawsuit was dismissed after the Army rescinded its deployment orders for Cook (see July 8-16, 2009). Stars and Stripes reporter Megan McCloskey writes: “[T]he Army reservist’s intention appeared not so much to fight for America as to fight against President Barack Obama, in furtherance of a bizarre conspiracy theory.… Cook is one of the so-called ‘birthers,’ a small group of activists who subscribe to a fringe conspiracy theory alleging that Obama was not born in the United States and therefore cannot legally serve as president. The conspiracy theory, proven false by numerous media investigations as well as officials in the state of Hawaii where Obama was born (see June 13, 2008, August 21, 2008, October 30, 2008, and July 28, 2009), first surfaced early in the presidential campaign, but in recent months it has continued to fester on the Internet.” McCloskey theorizes that the lawsuit was engendered by Cook’s attorney, “birther” lawyer Orly Taitz (see November 12, 2008 and After and March 13, 2009), in order to “gain [her] a few more minutes of screen time on the cable news networks. Taitz, a Russian-born dentist who got her law degree online, is the public face of the birthers. She has been trying to get the conspiracy theory heard in court since before the election. So far, all of the lawsuits brought by the birthers have been summarily dismissed.” The Army, McCloskey writes, “refused to be baited” by this lawsuit. Lieutenant Colonel Holly Silkman, a spokesperson for SOCCENT (US Special Operations Central Command), says Cook’s critical engineer billet could not be “hijacked by further legal wrangling.” Cook was scheduled to deploy on July 15, and his position cannot sit empty. The officer Cook was supposed to replace “is going to have to remain in Afghanistan a while longer,” Silkman says, and adds that the Army is working to find a replacement: “No one has been identified yet, but it is a priority fill, so we’re working on it and expect to fill it soon. Engineers are in high demand.” Taitz, interviewed by McCloskey, tells the reporter: “I have one question: Why would any member of the US military risk his life or take any orders… from someone who is refusing to prove he is the legitimate president? We can’t stand for the arrogant, obnoxious behavior of Obama. He wants to defraud the whole nation.” Taitz refuses to allow McCloskey to interview Cook. Brandon Friedman of VoteVets (.org), a political action committee seeking to elect veterans of the wars in Iraq and Afghanistan to public office, says of Cook: “That’s not leadership. That’s not the way Major Cook was trained and brought up in the Army. You don’t leave a unit like that, and you certainly don’t do it because you’re trying to make a political statement.” [Stars and Stripes, 7/30/2009]
The Middle District Court of Georgia levies a $20,000 fine on “birther” lawyer Orly Taitz. The court accuses Taitz, who has filed a lawsuit alleging that President Obama is not a US citizen and asking the court to bar his deployment of military personnel overseas (see September 16-21, 2009), of wasting the time and resources of the Georgia court system. The judgment, issued by Judge Clay Land, against Taitz calls her “delusional.” The judgment finds: “Counsel Orly Taitz is hereby ordered to pay $20,000.00 to the United States, through the Middle District of Georgia Clerk’s Office, within 30 days of the date of this order as a sanction for her misconduct in violation of Rule 11 of the Federal Rules of Civil Procedure.” Land writes: “The Court finds that counsel’s conduct was willful and not merely negligent. It demonstrates bad faith on her part. As an attorney, she is deemed to have known better. She owed a duty to follow the rules and to respect the Court. Counsel’s pattern of conduct conclusively establishes that she did not mistakenly violate a provision of law. She knowingly violated Rule 11. Her response to the Court’s show cause order is breathtaking in its arrogance and borders on delusional. She expresses no contrition or regret regarding her misconduct. To the contrary, she continues her baseless attacks on the Court.… Counsel’s frivolous and sanctionable conduct wasted the defendants’ time and valuable judicial resources that could have been devoted to legitimate cases pending with the Court. When she filed the Rhodes case, counsel indicated that it was urgent that the matter be heard because her client was facing imminent deployment. The Court rearranged its schedule, took time to read the legal papers, and conducted preliminary research in preparation for the hearing. The Army had to activate its legal team on short notice, sending a major from the Army Litigation Division in Washington, DC, and a captain from the CONUS Replacement Center at Ft. Benning. In addition, the Assistant US Attorney had to accompany them. Like the Court, the government attorneys had to prepare in an expedited manner for the hearing. During the week preceding Captain Rhodes’s deployment, the Court was in the midst of a jury trial. Therefore, the Court had to alter the trial schedule to conduct the hearing during an extended lunch break, thus affecting other counsel and jurors. The Clerk’s Office was burdened by Ms. Taitz’s inability to follow the Court’s rules regarding pro hac vice admission and the Court’s rules for electronic filing. On five separate occasions in a short period, the Clerk’s Office personnel error-noticed counsel for her failure to follow simple rules. At the hearing, counsel failed to make coherent legal arguments but instead wasted the Court’s time with press conference sound bites and speeches.” [Washington Independent, 10/13/2009] Land notes that in one of her filings, Taitz accused him of meeting secretly with Attorney General Eric Holder outside the court. Holder had actually been thousands of miles away that day, giving a speech in Los Angeles. [Washington Examiner, 7/7/2010] Land includes a footnote that says one of Taitz’s supporters had contacted him, challenged him to a “round of fisticuffs on the Courthouse Square,” and asserted that “the president is not human.” Taitz says she will appeal the judgment, and accuses Land of being in the pocket of the “oppressive” Obama administration. “He’s scared to go against the regime,” she says. “He’s trying to intimidate me and other lawyers to stay away from this issue.” [Orange County Register, 10/16/2009] An appeals court will reject Taitz’s appeal and order her to pay the $20,000 (see March 15, 2010). [Columbus Ledger-Enquirer, 3/15/2010]
Lieutenant Colonel Terry Lakin, in a screenshot taken from his March 30 statement as recorded on YouTube. [Source: credit YouTube / CBS News]Army doctor Lieutenant Colonel Terrence Lee “Terry” Lakin is ordered to face a court-martial for refusing to deploy to Afghanistan. Lakin claims that because President Obama is not a US citizen, he does not recognize Obama’s authority to give orders as commander in chief. Lakin, ordered this week to report to Fort Campbell, Kentucky, refused to go to the Kentucky Army base, and instead went to the Pentagon, where he was confronted by his brigade commander, Colonel Gordon Roberts, a Vietnam Medal of Honor recipient. Roberts read Lakin his Miranda rights and told him he faces a court-martial; Lakin’s Pentagon building pass and government laptop computer were seized. Lakin faces a dishonorable discharge if convicted. On a March 30 video statement posted on YouTube, Lakin said: “I believe all servicemen and women, and the American people, deserve the truth about President Obama’s constitutional eligibility to the office of the presidency and the commander in chief.… Seeking out public office, especially the highest in our land, means you must uphold the Constitution, Mr. President, and confirm your eligibility.… The minimal invasion to any politician’s privacy from having to show an original, signed birth certificate is far less than the harms to our country by someone not qualified whose election would thus subvert the law and the truth.” In the video, he promised to “disobey” orders to deploy, and acknowledged he was “inviting” a court-martial. Lakin won a Bronze Star for meritorious service during a previous tour in Afghanistan. [MSNBC, 4/13/2010; New York Daily News, 4/14/2010; Politico, 4/14/2010; CBS News, 4/15/2010] Lakin’s legal defense fund is being coordinated by a “birther” group called the American Patriot Foundation. According to Army spokesman George Wright, Lakin will be reassigned to duty at Walter Reed Medical Center in Washington pending an investigation into whether he violated two provisions of the Uniform Code of Military Justice: missing the movement of a unit and violating an order. [Politico, 4/14/2010]
Lieutenant Colonel Terry Lakin, who has refused to obey orders deploying him to Afghanistan because, he says, he questions President Obama’s citizenship and therefore his right to issue orders to the military (see Before April 13, 2010 and April 22-23, 2010), releases a video on WorldNetDaily accusing the Army of convicting him “without a trial” over his refusal to obey orders from his superior officers. Lakin is facing a court-martial. He cites a “rewritten” Officer Evaluation Report on him that, he says, was revised to include “derogatory remarks” from the charges, though he has not been “arraigned or found guilty.” The latest officer evaluation says Lakin lacks “the sound judgment required of a senior officer.” Earlier evaluations were more favorable. Lakin says that since the Army refuses to allow him to question Obama’s citizenship or present “evidence” of Obama’s lack of citizenship during his trial, he has no real defense. He intends to renew his request to bring in such evidence (see September 2, 2010). In the video, Lakin accuses the Obama administration of orchestrating a “coverup” of Obama’s “real” birth status. Lakin had sought the documentation on Obama’s birth as well as the testimony of Dr. Chiyome Fukino of the Hawaii Department of Health and that agency’s records on Obama (see October 30, 2008 and July 28, 2009). Lakin also wanted the records and testimony from custodians of records of Obama’s college financial aid and attendance at Punahou High School, Occidental College, Columbia University, and Harvard Law School. [WorldNetDaily, 7/17/2010]
An Army judge denies a request by defense lawyers to compel President Obama’s testimony in a court-martial against a US Army flight surgeon who refused to deploy to Afghanistan until he saw proof that Obama was born in the United States (see Before April 13, 2010 and April 22-23, 2010). Colonel Denise Lind, the judge presiding over the upcoming court-martial, says evidence or witnesses related to Obama’s citizenship are irrelevant to the case against Lieutenant Colonel Terry Lakin. Lakin is charged with missing a movement, disobeying a lawful order, and dereliction of duty. He faces a dishonorable discharge, two years’ imprisonment in a military prison, and a forfeiture of his pay if convicted. Lakin’s lawyers are contending that all military orders stem from the commander in chief. Without evidence that Obama is eligible to be president, they say, the doctor’s deployment order was illegal. Lakin’s civilian attorney, Paul Jensen, has asked Lind to order Obama’s official birth records from Hawaii be brought to court for trial (see June 13, 2008 and July 1, 2009). “If the president is ineligible, you need to know that,” Jensen tells Lind. “Colonel Lakin needs to know that, the government needs to know that, America needs to know that.” The prosecution contends that Obama’s eligibility is irrelevant because Lakin defied orders from his superior officers in the military chain of command, a point Jensen concedes. Lind rules that the matter of Obama’s eligibility is not relevant because he did not give any orders in the case, and notes that while the president is commander in chief of the military, it is Congress that is constitutionally empowered to raise armies, pay them, and equip them. Any contention that any orders are invalid if the president is ineligible “is erroneous,” she says. She also notes that military law says that a soldier’s personal beliefs or convictions are not sufficient to allow that soldier to determine that an order is illegal. The soldier has to have “no rational doubt” that the order is illegal before he or she can ignore it. Finally, she rules that a military court-martial is not the forum in which to determine a president’s eligibility, because the Constitution says only Congress has the power to impeach and remove the president. Jensen says the ruling “completely deprives us of any opportunity to present a defense in this case,” and says he intends to file a motion with the Army Court of Criminal Appeals to have Lind’s ruling overturned. [CNN, 9/2/2010]
The poster featured in the front window of the Drop Zone. The caption reads: “Fascism. Socialism. New World Order. InfoWars.com.” [Source: Life in Spenard (.com)]Investigative reporters and bloggers learn that the private security firm hired by Alaska Senate candidate Joe Miller (R-AK) is also active in right-wing militia and paramilitary activities. They also learn that some of the guards employed by the firm, the Drop Zone (DZ), are active-duty military soldiers, and that the firm is unlicensed and therefore operating outside the law. [Huffington Post, 10/18/2010; Anchorage Daily News, 10/18/2010; Salon, 10/19/2010]
Senate Candidate Has History of Armed Intimidation, Association with Militias - Miller himself has a history of armed intimidation: according to blogger and reporter Shannyn Moore, in 2008 he attempted to stage a “coup d’etat” of the leadership of the Alaska Republican Party, appearing during a meeting with a group of armed security guards. (The attempt, as such, was unsuccessful, and Miller currently enjoys the support of the Alaska Republican Party.) During the 2010 Senate campaign, Miller’s supporters drew media attention by brandishing assault rifles during campaign rallies (see July 19, 2010). [Huffington Post, 10/18/2010]
Security Guards on Active Duty with Army - On September 17, Miller’s security guards forcibly detained and handcuffed reporter Tony Hopfinger for attempting to question Miller about disciplinary measures taken against him while he was a lawyer for the Fairbanks North Star Borough (see October 17, 2010). The security guards work with DZ, and two of the guards who roughed up Hopfinger are on active duty with the US Army. The two guards, Specialist Tyler Ellingboe and Sergeant Alexander Valdez, are members of the 3rd Maneuver Enhancement Brigade at Fort Richardson. Army public affairs officer Major Bill Coppernoll says neither soldier has permission from their commanding officers to work for DZ, and the Army is still looking into whether previous company or brigade commanders authorized their employment. “They’ve got to be up front with the chain of command,” Coppernoll says. “The chain of command needs to agree they can do that without affecting the readiness and the whole slew of things that are part of being a soldier that they need to do first.” DZ owner William Fulton, who was one of the guards who restrained and handcuffed Hopfinger, says it is not his job to ensure that the soldiers complied with Army regulations. “They’re adults—they are responsible for themselves,” Fulton says. [Anchorage Daily News, 10/18/2010; Salon, 10/19/2010] Hopfinger identifies Ellingboe and Valdez as two of the guards who stood over him during the time he was handcuffed. Hopfinger says Ellingboe and Valdez refused to give him their names and would not identify their company or who they were working for. At one point they told him they were volunteers, he says. [Alaska Dispatch, 10/19/2010] A Defense Department directive from 2008, entitled “Political Activities by Members of the Armed Forces on Active Duty,” states in part, “A member of the armed forces on active duty shall not:… [p]erform clerical or other duties for a partisan political committee or candidate during a campaign.” [Department of Defense, 2/19/2008 ]
Security Firm: Ties to Militias, Blackwater - Fulton is an active member of the Alaska Citizens Militia, where he is titled a “supply sergeant.” The organization is led by former Michigan Militia leader Norm Olson (see April 1994, March 25 - April 1, 1996, and Summer 1996 - June 1997), who recently attempted to run for lieutenant governor of Alaska under the auspices of the secessionist Alaskan Independence Party (AIP—see September 6-7, 2008). [Yahoo! News, 10/20/2010; PalinGates, 10/20/2010] Many DZ employees have bragged about their connections to far-right elements in Alaska’s political and paramilitary scenes, and have said that the firm employs a number of former Blackwater security personnel. The firm displays a large poster of President Obama as “The Joker” in its front window and a link to InfoWars.com, a right-wing conspiracy Web site hosted by Alex Jones. The owner of the Drop Zone, William Fulton, has boasted to patrons about his partners’ participation in renditions and “black ops” overseas, and likes to show his .50-caliber sniper rifle to prospective customers. Fulton has frequently told patrons about his fondness for Fox News talk show host Glenn Beck, saying to one, “Glenn talks to the crazies,” who are his best customers. Fulton also has suspected ties to the Alaskan Independence Party, which once claimed Todd Palin, former Governor Sarah Palin’s husband, as a member. [Huffington Post, 10/18/2010; Anchorage Daily News, 10/18/2010; Life in Spenard, 10/18/2010; Salon, 10/19/2010]
Miller's Ties to Militias - Alaska Citizens Militia leader Ray Southwell, a longtime crony of Olson’s and a fellow leader of the Alaska Citizens Militia, recently wrote of meeting Miller at a militia leader’s home in Soldotna, Alaska. Southwell wrote in a militia forum that he recently encouraged Miller to run for state office: “We need leaders here to stand against the feds.” In that same forum, Olson posted his endorsement of Miller’s candidacy. [PalinGates, 10/20/2010]
Expired License - Investigating bloggers also find that the Drop Zone’s license to do business as a security firm (under the name “Dropzone Security Services”) expired in December 2009. The firm updated its license on September 18, 2010, the day after its guards detained and handcuffed Hopfinger, but only renewed its license to trade, not its license to provide security. [The Immoral Minority, 10/19/2010; Yahoo! News, 10/20/2010; PalinGates, 10/20/2010] Fulton tells a reporter that he is not a security guard and that DZ is not a security guard agency, therefore he needs no license to operate as a security firm. Instead, he says, DZ is a “contract agency” and that he and his people are considered “security agents,” not guards. “We don’t do anything covered under the security [statutes],” he says. “We don’t do anything that the state has any authority to tell us what to do.” He denies having any employees, and says he hires specific people on a contract basis. DZ is primarily a military supply store, Fulton says, and only does security contracts “three or four times a month.” He admits to doing business with Miller in the past, but refuses to go into detail. He goes on to say that his guards at the Miller event were unarmed, and his “contractors” only carry weapons when they undertake “fugitive recovery” jobs: “All the guys we use are professionals, and they act professionally and dress professionally.” Hopfinger disagrees with Fulton’s contention that he is a security “agent” as opposed to a “guard,” saying: “He certainly acted like an aggressive security guard and he may have broken the law. It was an illegal detention and an illegal arrest.” Of Miller, Hopfinger says the candidate is exhibiting “poor judgment… to have Fulton and active-duty soldiers be his bodyguards.” No other Alaska political candidate he has interviewed, including Miller’s Republican opponent Lisa Murkowski (R-AK), has security guards with them, he says. [Alaska Dispatch, 10/19/2010]
Investigation - The firm is being investigated by the Alaska Department of Public Safety, both for its handling of the Hopfinger incident and for its unlicensed status. [Alaska Dispatch, 10/19/2010]
Entity Tags: Alaska Citizens Militia, Fairbanks North Star Borough, Bill Coppernoll, US Department of the Army, Alaska Department of Public Safety, Alaskan Independence Party, Alaska Republican Party, Barack Obama, Alexander Valdez, Tyler Ellingboe, William Fulton, Todd Palin, Lisa Murkowski, Tony Hopfinger, Glenn Beck, Norman (“Norm”) Olson, Joseph Wayne (“Joe”) Miller, Sarah Palin, Ray Southwell, The Drop Zone, Shannyn Moore
Timeline Tags: Domestic Propaganda
Former Army Lieutenant Colonel Terry Lakin is discharged from military prison after serving five months of a six-month term for refusing to obey deployment orders. Lakin refused to be deployed in April 2010 because, he said at the time, President Obama was not a true American citizen and therefore could not give him or any other member of the military any orders to deploy (see Before April 13, 2010). Lakin was court-martialed, dishonorably discharged, and sentenced to prison at Fort Leavenworth, Kansas (see December 16, 2010). He pled guilty after a military court refused to allow what he and the “birther” organization that supported him, the American Patriot Foundation, called “evidence” of Obama’s lack of US citizenship (see September 2, 2010). [Associated Press, 5/13/2011] Some “birthers” continue to use Lakin’s case to advance their cause. One “birther” blog devoted to advocating the anti-gay “Defense of Marriage Act” writes: “Lieutenant Terry Lakin was sentenced as a result of a judicial meltdown in our courts transpiring and sweeping across America, as Mr. Lakin was not allowed the right to justly defend himself. He was denied the opportunity to call forth witnesses or to submit crucial evidence to the court involving our Head-in-Chief.” [DOMA News, 5/15/2011] A commenter on the Free Republic blog writes: “When did overlooking and ignoring fraud, deceit, identity theft, forgery, and corruption in the chain of command become part of the military code of honor? Is this how our very highest military officers fulfill their responsibilities to the brave men and women serving under them and to their oath to defend the Constitution. [sic] Do they feel shame when accepting the salutes of our dedicated and honorable troops? Are our highest military [sic] the least bit suspicious that Obama sits in the White House because of forgery, deceit, fraud, and identity theft? Where is the evidence that they peacefully and lawfully sought certifiable clarification of Obama’s status from Congress, the courts, and/or Obama himself?” [Free Republic (.com), 5/12/2011]
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