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Torture, Rendition, and other Abuses against Captives in US Custody

Media reports and commentary

Project: Prisoner Abuse in Iraq, Afghanistan and Elsewhere
Open-Content project managed by Derek, KJF, mtuck

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According to several press reports, the CIA has set up a secret detention and interrogation center (see October 2001-2004) at Bagram Air Base in Afghanistan where US intelligence officers are using aggressive techniques on detainees. The captives—imprisoned in metal shipping containers—are reportedly subjected to a variety of “stress and duress” interrogation tactics. [Washington Post, 12/26/2002; New York Times, 3/9/2003] The detention facility at Bagram is a rusting hulk originally built by the Soviet Army as an aircraft machine shop around 1979, and later described by the New York Times as “a long, squat, concrete block with rusted metal sheets where the windows had once been.” It is retrofitted with five large wire pens and a half-dozen plywood isolation cells, and is dubbed the Bagram Collection Point, or BCP, a processing center for prisoners captured in Afghanistan and elsewhere. The facility typically holds between 40 to 80 prisoners before they are interrogated and screened for possible transfer to Guantanamo. [New York Times, 5/20/2005] Detainees are often forced to stand or kneel for hours, wear black hoods or spray-painted goggles for long periods of time, and stand or sit in awkward and painful positions. They are also reportedly thrown into walls, kicked, punched, deprived of sleep, and subjected to flashing lights and loud noises. [Washington Post, 12/26/2002; New York Times, 3/9/2003; Amnesty International, 8/19/2003] Some detainees tell of being “chained to the ceiling, their feet shackled, [and being] unable to move for hours at a time, day and night” (see December 5-9, 2002). [New York Times, 3/4/2003; New York Times, 9/17/2004] Psychological interrogation methods such as “feigned friendship, respect, [and] cultural sensitivity” are reported to be in use as well. For instance, female officers are said to sometimes conduct the interrogations, a technique described as being “a psychologically jarring experience for men reared in a conservative Muslim culture where women are never in control.” [Washington Post, 12/26/2002] Human rights monitors are not permitted to visit the facility. [Washington Post, 12/26/2002; Agence France-Presse, 12/29/2002] The US claims that the interrogation techniques used at Bagram do not violate international laws. “Our interrogation techniques are adapted,” Gen. Daniel McNeil claims in early March 2003. “They are in accordance with what is generally accepted as interrogation techniques, and if incidental to the due course of this investigation, we find things that need to be changed, we will certainly change them.” [Guardian, 3/7/2003]

Entity Tags: Daniel McNeil, Central Intelligence Agency

Timeline Tags: Complete 911 Timeline, War in Afghanistan

Category Tags: Media, Bagram (Afghanistan), Key Events

The Washington Post reveals that the US government has secretly transported “dozens of people” suspected of links to terrorists to foreign countries with poor human rights records “where they can be subjected to interrogation tactics—including torture and threats to families—that are illegal in the United States.” The program is known as “rendition” (see 1993) (see After September 11, 2001). [Washington Post, 3/11/2002]

Entity Tags: Washington Post, Bush administration (43)

Category Tags: Rendition after 9/11, Indications of Abuse, Media

In a front-page article, the Washington Post reports on the US intelligence program of rendition (see 1993) and reveals that US agents are using “stress and duress” techniques to interrogate captives detained in Afghanistan. Persons being held in the CIA interrogation center at Bagram Air Base who refuse to cooperate “are sometimes kept standing or kneeling for hours in black hoods or spray-painted goggles,…. held in awkward, painful positions and deprived of sleep with a 24-hour bombardment of lights’ subject to what are known as ‘stress and duress’ techniques,” the article says. [Washington Post, 12/26/2002; Human Rights Watch, 5/7/2004] Each of the ten current national security officials who were interviewed for the article “defended the use of violence against captives as just and necessary.” [Washington Post, 12/26/2002] It quotes one official who reasons: “If you don’t violate someone’s human rights some of the time, you probably aren’t doing your job…. I don’t think we want to be promoting a view of zero tolerance on this.” [Washington Post, 12/26/2002; Human Rights Watch, 5/7/2004] Likewise, another official acknowledges that “our guys may kick them around a little bit in the adrenaline of the immediate aftermath.” A different source comments, with reference to the medical services provided for captives, that “pain control [in wounded patients] is a very subjective thing.” [Washington Post, 12/26/2002] Finally, in a very explicit remark, one of the officials interviewed by the Post, who is described as being directly involved in the rendition of captives, explains the program’s logic: “We don’t kick the [expletive] out of them. We send them to other countries so they can kick the [expletive] out of them.” [Washington Post, 12/26/2002; Human Rights Watch, 5/7/2004] After the report is published, Maj. Stephen Clutter, the deputy spokesman at Bagram, denies the allegations (see December 29, 2002), claiming that the Washington Post article was “false on several points, the first being that there is no CIA detention facility on Bagram.” He says, “The accusation of inhumane treatment is something that I can clearly refute. The things that they talked about, the inhumane conditions… are things that do not go on here.” [Agence France-Presse, 12/29/2002]

Entity Tags: Stephen Clutter

Category Tags: Indications of Abuse, Media, Rendition after 9/11, Bagram (Afghanistan)

A New York Times article reports that the US government is rendering suspects abroad (see 1993) and that “stress and duress” techniques are being used at the secret CIA interrogation center located in a hangar at Bagram Air Base in Afghanistan (see October 2001). “Intelligence officials… acknowledged that some suspects had been turned over to security services in countries known to employ torture. There have been isolated, if persistent, reports of beatings in some American-operated centers,” the article claims. [New York Times, 3/9/2003; Human Rights Watch, 5/7/2004]

Category Tags: Indications of Abuse, Media, Rendition after 9/11, Bagram (Afghanistan)

The Associated Press submits a list of questions to the US military command regarding specific accounts from former detainees regarding torture, execution, and poor living conditions at Coalition detention centers in Iraq. US command does not respond. [Associated Press, 11/3/2003]

Category Tags: Coverup, Indications of Abuse, Media

The Associated Press reports that detainees in Iraq are being subjected to torture and inhumane living conditions and tells of an instance where a prisoner was shot and killed. It recounts the story of one prisoner, Saaed Naif, who said he saw another prisoner “shot dead at Abu Ghraib when he approached the razor wire.” The report also describes a type of punishment where the victim is confined to a razor-wire enclosed area—known as “The Gardens”—and forced to lie face down, hands tied behind the back, on the burning sand for two or three hours. In one incident, when a woman was sent to the “The Gardens,” her infuriated brother attempted to leave the razor wire enclosure around his tent but prison personnel “shot him in the shoulder.” Many former prisoners of the detainment centers agreed that some of the worst atrocities at the prisons were the guards’ treatment of the women, sick, and disabled. [Associated Press, 11/3/2003]

Entity Tags: Saaed Naif

Category Tags: Indications of Abuse, Media, Abu Ghraib Prison (Iraq), Other Detainees

The Denver Post reports that three US Army soldiers from a military intelligence battalion have been fined “at least five hundred dollars and demoted in rank” after an investigation into an incident involving the assault of a female Iraqi prisoner at Abu Ghraib prison in Baghdad. [New Yorker, 5/17/2004]

Category Tags: Disciplinary Actions, Media, Physical Assault, Abu Ghraib Prison (Iraq)

A deranged Abu Ghraib detainee wanders the halls covered in human feces on December 12, 2003. MP Ivan Frederick stands behind him with a stick.A deranged Abu Ghraib detainee wanders the halls covered in human feces on December 12, 2003. MP Ivan Frederick stands behind him with a stick. [Source: Public domain]The Abu Ghraib prison photos are leaked to CBS. The network informs the Pentagon that it will broadcast a story on the prison abuses and include the photos. But the network delays broadcasting the story at the request of Gen. Richard Myers. [Guardian, 4/30/2004; CBS News, 5/6/2004; Los Angeles Times, 5/6/2004; CNS News, 5/7/2004]

Entity Tags: Richard B. Myers

Category Tags: Media, Abu Ghraib Prison (Iraq)

Lynndie England dragging a prisoner nicknamed Gus on October 24, 2003.Lynndie England dragging a prisoner nicknamed Gus on October 24, 2003. [Source: Public domain]CBS’s “60 Minutes II” airs the Abu Ghraib prison photos (see March 23, 2004) having learned that the New Yorker is about to publish a piece on abuses at Abu Ghraib. Bush reportedly first learns about these photos from the television report. [CBS News, 5/6/2004; Los Angeles Times, 5/6/2004; Baltimore Sun, 5/6/2004; St. Petersburg Times, 5/9/2004] Most of the photos show prisoners being forced to engage in humiliating sexual acts. For example in one photo a hooded naked man is forced to masturbate as a grinning female MP, Lynndie England, looks on, giving a thumbs-up. Another photo shows two naked hooded men, one standing, while the other is kneeling in front of him, simulating oral sex. The Bush administration will portray these forced acts of humiliation as the immature pranks of low ranking soldiers. But others will argue that the acts were ordered from above with the intent to exploit Arab culture’s conservative views with regard to sex and homosexuality (see 2002-March 2003). [New Yorker, 5/10/2004; New Yorker, 5/17/2004] A different picture shows a hooded-man with his arms spread and wires dangling from his fingers, toes, and penis. He was apparently told that if he fell off the box he would be electricuted. The tactic is known as the “The Vietnam,” an “arcane torture method known only to veterans of the interrogation trade” that had been first used by Brazilians in the 1970s. [Seattle Times, 5/14/2004; Newsweek, 5/24/2004 Sources: Darius Rejali] Another picture is of Manadel al-Jamadi who was killed after being “stressed” too much (see (7:00 a.m.) November 4, 2003). [New Yorker, 5/10/2004; New Yorker, 5/17/2004] “A generation from now,” one observer notes, “historians may look back to April 28, 2004, as the day the United States lost the war in Iraq.” [Washington Monthly, 11/2004]

Entity Tags: George W. Bush, Lynndie England, Manadel al-Jamadi, Bush administration (43), CBS News

Timeline Tags: Complete 911 Timeline

Category Tags: Media, Destruction of CIA Tapes, Abu Ghraib Prison (Iraq), Key Events

In Iraq, this photo is commonly called “The Statue of Liberty.”In Iraq, this photo is commonly called “The Statue of Liberty.” [Source: Public domain]Media outlets in the US, other than CBS, appear less interested in the Abu Ghraib scandal than elsewhere. The Guardian of London notes, “[I]t was no surprise that newspapers around the world made huge, horrified play of the events at the Abu Ghraib prison. It was more of a surprise, however, that the story did not receive the same level of coverage in the US papers.” [Guardian, 4/30/2004] People in the Middle East are generally outraged. For instance, Abdel-Bari Atwan, editor of the influential Arab newspaper Al Quds Al Arabi, says in response, “The liberators are worse than the dictators.” He adds, “This is the straw that broke the camel’s back for America.” [Reuters, 4/30/2004] The scandal also causes outrage in Iraq, and polls show it turns most of the population against the US-led occupation (see April-May 2004). For many in Iraq, the iconic photo of a detainee standing on a box and threatened with electrocution becomes derisively known as “The Statue of Liberty.” [Newsweek, 7/19/2004]

Entity Tags: Abdel-Bari Atwan

Category Tags: Media, Abu Ghraib Prison (Iraq)

Seymour Hersh.Seymour Hersh. [Source: Daily Californian / Skyler Reid]The New Yorker magazine publishes an in-depth article by investigative journalist Seymour Hersh on the Abu Ghraib abuses, as well as excerpts of the Taguba report (see February 26, 2004). The article includes some of the graphic photos of the abuses that were turned in by Spc. Joseph Darby (see January 13, 2004) in January. [New Yorker, 5/10/2004] Soon thereafter, subordinates of Undersecretary for Policy Douglas Feith send out an “urgent” e-mail around the Pentagon warning officials not to read the Taguba report and not to mention the report to anybody including family members, even though major parts of it are now part of the public record. Newsweek later quotes a military lawyer as saying, that Feith has turned his office into a “ministry of fear.” [Newsweek, 6/7/2004]

Entity Tags: Joseph Darby, New Yorker, Douglas Feith, Seymour Hersh

Category Tags: Media, Abu Ghraib Prison (Iraq)

Conservative talk show host Rush Limbaugh dismisses photos taken of prisoners at Abu Ghraib over the course of several broadcasts. The excerpts are collected by Newsweek, researchers from the Annenberg Public Policy Center, and the progressive media watchdog site Media Matters. On May 3, he tells his listeners, “You know, if you look at—if you really look at these pictures, I mean, I don’t know if it’s just me, but it looks just like anything you’d see Madonna or Britney Spears do onstage—maybe I’m, yeah—and get an NEA [National Education Association] grant for something like this” (see October 2003, October 17-22, 2003, October 24, 2003, Evening October 25, 2003, November 4, 2003, November 4-December 2, 2003, and Between 4:30 a.m. and 5:30 a.m. November 4, 2003, among others). On May 4, he says: “You know, those [US soldiers in Iraq] are being fired at every day. I’m talking about people having a good time. These people—you ever heard of emotional release? You ever heard of needing to blow some steam off? … It is no different than what happens at the Skull and Bones initiation.” On May 5, he says: “I think a lot of the American culture is being feminized. I think the reaction to the stupid torture is an example of the feminization of this country.” On May 6: he says, “The thing, though, that continually amazes—here we have these pictures of homoeroticism that look like standard good old American pornography, the Britney Spears or Madonna concerts or whatever.… I mean, this is something that you can see onstage at Lincoln Center from an NEA grant, maybe on Sex and the City.” In that same broadcast, he praises the torturers by saying: “And we hear that the most humiliating thing you can do is make one Arab male disrobe in front of another. Sounds to me like it’s pretty thoughtful.… Maybe the people who executed this pulled off a brilliant maneuver. Nobody got hurt. Nobody got physically injured.… Sounds pretty effective to me if you look at us in the right context.” And on May 11, he says, “If you take these pictures and bring them back and have them taken in an American city and put on an American Web site, they might win an award from the pornography industry.” [Media Matters, 5/6/2004; Newsweek, 5/13/2004; Boehlert, 2006, pp. 118; Jamieson and Cappella, 2008, pp. 160]

Entity Tags: Rush Limbaugh, Britney Spears, Annenberg Public Policy Center, Madonna, Media Matters, Newsweek

Timeline Tags: Domestic Propaganda

Category Tags: Media, Statements/Writings about Torture

The Wall Street Journal publishes portions of the February Red Cross (ICRC) report (see February 24, 2004) on coalition prisons in Iraq. [Wall Street Journal, 5/7/2004]

Entity Tags: International Committee of the Red Cross

Category Tags: Media

The Washington Post reports that according to Pentagon figures and estimates by intelligence experts, “more than 9,000 people are held by US authorities overseas… the vast majority under military control.” Najeeb Nuaimi, a former justice minister of Qatar, tells the Post: “The number of people who have been detained in the Arab world for the sake of America is much more than in Guantanamo Bay. Really, thousands.” [Washington Post, 5/11/2004] The Independent will similarly report a few days later that “almost 10,000 prisoners [are] held around the world in secretive American-run jails and interrogation centers.” [Independent, 5/15/2004]

Entity Tags: Najeeb Nuaimi, US Military

Category Tags: Detainments, Media

Lt. Col. Tucker Mansager tells reporters that the media will not be permitted access to secret detention facilities in Afghanistan, claiming that to do so would violate the prisoners’ rights under the Geneva Conventions. However in February 2002, the administration had denied “prisoner of war” status to all Taliban and al-Qaeda fighters captured in Afghanistan (see February 7, 2002) on grounds they were “illegal combatants.” Since then, the US has maintained that these prisoners are not protected by the Conventions. Nonetheless, Mansager explains: “Part of… spirit [of the Geneva Conventions] is to ensure that the persons under confinement are not subject to any kind of exploitation. It is the coalition’s position that allowing media into the facilities would compromise that protection.” [Reuters, 5/19/2004]

Entity Tags: Tucker Mansager

Category Tags: Coverup, Media

Newsweek reveals the existence of the January 9, 2002 draft memo written by Justice Department lawyers John Yoo and Robert Delahunty (see January 9, 2002). [Newsweek, 5/21/2004]

Entity Tags: Robert J. Delahunty, John C. Yoo

Timeline Tags: Civil Liberties

Category Tags: Media

The Wall Street Journal reports that according to an unnamed military official, “Methods now used at Guantanamo include limiting prisoners’ food, denying them clothing, subjecting them to body-cavity searches, depriving them of sleep for as much as 96 hours and shackling them in so-called stress positions.” [Wall Street Journal, 6/7/2004]

Category Tags: Guantanamo (US Base in Cuba), Media, Insufficient Food, Stress Positions, Sexual Humiliation, Sleep Deprivation

The memos written by the Office of Legal Counsel (OLC) and the Pentagon Working Group cause a flow of criticism when they are revealed in May and June 2004. The Washington Post fumes that the news of the “torture memos” “brings shame on American democracy.” [Washington Post, 6/9/2004]

Timeline Tags: Civil Liberties

Category Tags: Criticisms of US, Media

A Washington Post editorial argues that “the administration’s reasoning will provide a ready excuse for dictators, especially those allied with the Bush administration, to go on torturing and killing detainees.” [Washington Post, 6/9/2004]

Entity Tags: Washington Post

Category Tags: Criticisms of US, Media

Al Jafr prison.Al Jafr prison. [Source: Yola Monakhov / Panos Pictures]US News and World Report reports that according to unnamed US and Jordanian intelligence sources, Al Jafr prison, in the southern desert of Jordan, is used as a CIA interrogation center. About 100 detainees have allegedly been processed there, including Khalid Shaikh Mohammed and Abd al-Rahim al-Nashiri. “Most stay just a few days before being shipped out to longer-term facilities,” the magazine reports. [US News and World Report, 6/2/2003] The CIA and the Defense Department refuse to confirm or deny the existence of any detention facilities in Jordan controlled by the US. [First, 6/2004 pdf file]

Entity Tags: Khalid Shaikh Mohammed, Abd al-Rahim al-Nashiri

Category Tags: Detainments, Media, Al Jafr Prison (Jordan), Abd al-Rahim al-Nashiri, Khalid Shaikh Mohammed

Vice President Cheney has called the prisoners being held by the US at Guantanamo Bay, Cuba, “the worst of a very bad lot” (see January 27, 2002) and other US officials have suggested that information from them has exposed terrorist cells and foiled attacks. But a lengthy New York Times investigation finds that US “government and military officials have repeatedly exaggerated both the danger the detainees posed and the intelligence they have provided.… In interviews, dozens of high-level military, intelligence and law-enforcement officials in the United States, Europe, and the Middle East said that contrary to the repeated assertions of senior administration officials, none of the detainees at the United States Naval Base at Guantanamo Bay ranked as leaders or senior operatives of al-Qaeda. They said only a relative handful—some put the number at about a dozen, others more than two dozen—were sworn al-Qaeda members or other militants able to elucidate the organization’s inner workings.” While some information from the prisoners has been useful to investigators, none of it has stopped any imminent attacks. Information from Guantanamo is considered “only a trickle” compared to what is being learned from prisoners held by the CIA in secret prisons elsewhere. Brig. Gen. Jay W. Hood, in charge of the task force running the prison, says, “The expectations, I think, may have been too high at the outset. There are those who expected a flow of intelligence that would help us break the most sophisticated terror organization in a matter of months. But that hasn’t happened.” Ironically, although few prisoners have been released, it appears about five have rejoined the Taliban and resumed attacks against US forces. Abdullah Laghmani, the chief of the National Security Directorate in Kandahar, Afghanistan, says, “There are lots of people who were innocent, and they are capturing them, just on anyone’s information. And then they are releasing guilty people.” [New York Times, 6/21/2004] Abdurahman Khadr, a CIA informant posing as a Guantanamo inmate for much of 2003 (see November 10, 2001-Early 2003 and Spring 2003), will later say about the prison: “There’s only, like, a 10 percent of the people that are really dangerous, that should be there. And the rest are people that, you know, don’t have anything to do with it, don’t even- you know, don’t even understand what they’re doing here.” [PBS Frontline, 4/22/2004] The Los Angeles Times reported back in August 2002 that no al-Qaeda leaders are being held at Guantanamo (see August 18, 2002). Some al-Qaeda leaders will be transferred into the prison from secret CIA prisons in September 2006 (see September 2-3, 2006).

Entity Tags: Abdurahman Khadr, Abdullah Laghmani, Jay W. Hood

Timeline Tags: Complete 911 Timeline

Category Tags: Media, Guantanamo (US Base in Cuba)

Attempting to stem the flow of bad publicity and world-wide criticism surrounding the revelations of torture at Abu Ghraib prison in Baghdad and similar reports from Guantanamo Bay, Attorney General Alberto Gonzales and Pentagon general counsel William J. Haynes, accompanied by Pentagon lawyer Daniel Dell’Orto, give a lengthy press conference to discuss the US’s position on interrogation and torture. Gonzales and Haynes provide reporters with a thick folder of documents, being made public for the first time. Those documents include the so-called “Haynes Memo” (see November 27, 2002), and the list of 18 interrogation techniques approved for use against detainees (see December 2, 2002 and April 16, 2003). Gonzales and Haynes make carefully prepared points: the war against terrorism, and al-Qaeda in particular, is a different kind of war, they say. Terrorism targets civilians and is not limited to battlefield engagements, nor do terrorists observe the restrictions of the Geneva Conventions or any other international rules. The administration has always acted judiciously in its attempt to counter terrorism, even as it moved from a strictly law-enforcement paradigm to one that marshaled “all elements of national power.” Their arguments are as follows:
Always Within the Law - First, the Bush administration has always acted within reason, care, and deliberation, and has always followed the law. In February 2002, President Bush had determined that none of the detainees at Guantanamo should be covered under the Geneva Conventions (see February 7, 2002). That presidential order is included in the document packet. According to Gonzales and Haynes, that order merely reflected a clear-eyed reading of the actual provision of the conventions, and does not circumvent the law. Another document is the so-called “torture memo” written by the Justice Department’s Office of Legal Counsel (see August 1, 2002). Although such legal opinions carry great weight, and though the administration used the “torture memo” for months to guide actions by military and CIA interrogators, Gonzales says that the memo has nothing to do with the actions at Guantanamo. The memo was intended to do little more than explore “the limits of the legal landscape.” Gonzales says that the memo included “irrelevant and unnecessary” material, and was never given to Bush or distributed to soldiers in the field. The memo did not, Gonzales asserts, “reflect the policies that the administration ultimately adopted.” Unfortunately for their story, the facts are quite different. According to several people involved in the Geneva decision, it was never about following the letter of the law, but was designed to give legal cover to a prior decision to use harsh, coercive interrogation. Author and law professor Phillippe Sands will write, “it deliberately created a legal black hole into which the detainees were meant to fall.” Sands interviewed former Defense Department official Douglas Feith about the Geneva issue, and Feith proudly acknowledged that the entire point of the legal machinations was to strip away detainees’ rights under Geneva (see Early 2006).
Harsh Techniques Suggested from Below - Gonzales and Haynes move to the question of where, exactly, the new interrogation techniques came from. Their answer: the former military commander at Guantanamo, Michael E. Dunlavey. Haynes later describes Dunlavey to the Senate Judiciary Committee as “an aggressive major general.” None of the ideas originated in Washington, and anything signed off or approved by White House or Pentagon officials were merely responses to requests from the field. Those requests were prompted by a recalcitrant detainee at Guantanamo, Mohamed al-Khatani (see August 8, 2002-January 15, 2003), who had proven resistant to normal interrogation techniques. As the anniversary of the 9/11 attacks approached, and fears of a second attack mounted, Dell’Orto says that Guantanamo field commanders decided “that it may be time to inquire as to whether there may be more flexibility in the type of techniques we use on him.” Thusly, a request was processed from Guantanamo through military channels, through Haynes, and ultimately to Defense Secretary Donald Rumsfeld, who approved 15 of the 18 requested techniques to be used against al-Khatani and, later, against other terror suspects (see September 25, 2002 and December 2, 2002). According to Gonzales, Haynes, and Dell’Orto, Haynes and Rumsfeld were just processing a request from military officers. Again, the evidence contradicts their story. The torture memo came as a result of intense pressure from the offices of Rumsfeld and Vice President Cheney. It was never some theoretical document or some exercise in hypothesizing, but, Sands will write, “played a crucial role in giving those at the top the confidence to put pressure on those at the bottom. And the practices employed at Guantanamo led to abuses at Abu Ghraib.” Gonzales and Haynes were, with Cheney chief of staff David Addington and Justice Department lawyers John Yoo and Jay Bybee (the authors of the torture memo), “a torture team of lawyers, freeing the administration from the constraints of all international rules prohibiting abuse,” in Sands’s words. Dunlavey was Rumsfeld’s personal choice to head the interrogations at Guantanamo; he liked the fact that Dunlavey was a “tyrant,” in the words of a former Judge Advocate General official, and had no problem with the decision to ignore the Geneva Conventions. Rumsfeld had Dunlavey ignore the chain of command and report directly to him, though Dunlavey reported most often to Feith. Additionally, the Yoo/Bybee torture memo was in response to the CIA’s desire to aggressively interrogate another terror suspect not held at Guantanamo, Abu Zubaida (see March 28, 2002). Sands will write, “Gonzales would later contend that this policy memo did ‘not reflect the policies the administration ultimately adopted,’ but in fact it gave carte blanche to all the interrogation techniques later recommended by Haynes and approved by Rumsfeld.” He also cites another Justice Department memo, requested by the CIA and never made public, that spells out the specific techniques in detail. No one at Guantanamo ever saw either of the memos. Sands concludes, “The lawyers in Washington were playing a double game. They wanted maximum pressure applied during interrogations, but didn’t want to be seen as the ones applying it—they wanted distance and deniability. They also wanted legal cover for themselves. A key question is whether Haynes and Rumsfeld had knowledge of the content of these memos before they approved the new interrogation techniques for al-Khatani. If they did, then the administration’s official narrative—that the pressure for new techniques, and the legal support for them, originated on the ground at Guantanamo, from the ‘aggressive major general’ and his staff lawyer—becomes difficult to sustain. More crucially, that knowledge is a link in the causal chain that connects the keyboards of Feith and Yoo to the interrogations of Guantanamo.”
Legal Justifications Also From Below - The legal justification for the new interrogation techniques also originated at Guantanamo, the three assert, and not by anyone in the White House and certainly not by anyone in the Justice Department. The document stack includes a legal analysis by the staff judge advocate at Guantanamo, Lieutenant Colonel Diane Beaver (see October 11, 2002), which gives legal justifications for all the interrogation techniques. The responsibility lies ultimately with Beaver, the three imply, and not with anyone higher up the chain. Again, the story is severely flawed. Beaver will give extensive interviews to Sands, and paint a very different picture (see Fall 2006). One Naval Criminal Investigative Service (NCIS) psychologist, Mike Gelles (see December 17-18, 2002), will dispute Gonzales’s contention that the techniques trickled up the chain from lower-level officials at Guantanamo such as Beaver. “That’s not accurate,” he will say. “This was not done by a bunch of people down in Gitmo—no way.” That view is supported by a visit to Guantanamo by several top-ranking administration lawyers, in which Guantanamo personnel are given the “green light” to conduct harsh interrogations of detainees (see September 25, 2002).
No Connection between Guantanamo, Abu Ghraib - Finally, the decisions regarding interrogations at Guantanamo have never had any impact on the interrogations at Abu Ghraib. Gonzales wants to “set the record straight” on that question. The administration has never authorized nor countenanced torture of any kind. The abuses at Abu Ghraib were unauthorized and had nothing to do with administration policies. Much evidence exists to counter this assertion (see December 17-18, 2002). In August 2003, the head of the Guantanamo facility, Major General Geoffrey Miller, visited Abu Ghraib in Baghdad, accompanied by, among others, Diane Beaver (see August 31, 2003-September 9, 2003). They were shocked at the near-lawlessness of the facility, and Miller recommended to Lieutenant General Ricardo Sanchez, the supreme US commander in Iraq, that many of the same techniques used at Guantanamo be used in Abu Ghraib. Sanchez soon authorized the use of those techniques (see September 14-17, 2003). The serious abuses reported at Abu Ghraib began a month later. Gelles worried, with justification, that the techniques approved for use against al-Khatani would spread to other US detention facilities. Gelles’s “migration theory” was controversial and dangerous, because if found to be accurate, it would tend to implicate those who authorized the Guantanamo interrogation techniques in the abuses at Abu Ghraib and elsewhere. “Torture memo” author John Yoo called the theory “an exercise in hyperbole and partisan smear.” But Gelles’s theory is supported, not only by the Abu Ghraib abuses, but by an August 2006 Pentagon report that will find that techniques from Guantanamo did indeed migrate into Abu Ghraib, and a report from an investigation by former defense secretary James Schlesinger (see August 24, 2004) that will find “augmented techniques for Guantanamo migrated to Afghanistan and Iraq where they were neither limited nor safeguarded.” [White House, 7/22/2004; Vanity Fair, 5/2008]

The Washington Post quotes a former senior official from the Justice Department saying interrogators were allowed to deceive detainees into thinking they would be seriously harmed. “Clearly, that is not considered torture. It might be unpleasant and it might offend our sensibilities in most situations, but in these situations they were necessary and productive.” In deference to his own profession, he adds: “We never had a situation where we said, ‘You can do anything you want to.’ We never, ever did that. We were aggressive, but our people were very scholarly and lawyerlike.” [Washington Post, 6/27/2004]

Category Tags: Intimidation/Threats, Media

The Army’s Criminal Investigation Division (CID) opens a probe into the deaths of two Afghan detainees, allegedly at the hands of US Special Forces soldiers. The two men, Wakil Mohammed and Jamal Naseer, died on March 1, 2003 and March 16, 2003, respectively (see March 1, 2003 and March 16, 2003). Mohammed, an unarmed peasant, was being interrogated about his role in a recent firefight. While he was protesting his innocence, he was shot in the face by an American soldier. Naseer, taken into custody with seven other Afghans for interrogation about their supposed involvement with local Taliban or al-Qaeda fighters, died about a week after his capture, allegedly from repeated torture and abuse. Los Angeles Times reporters Craig Pyes and Mark Mazzetti write, “Motivation for those arrests remains cloaked in Afghan political intrigue. The action was requested by a provincial governor feuding with local military commanders, an Afghan intelligence report says.” While the Army apparently looked into the circumstances of the deaths shortly after they occurred, no official investigation was ever mounted until the Crimes of War Project began its own investigation into the deaths. When the organization released its findings to two Los Angeles Times reporters, Kevin Sack and Craig Pyes, and the reporters filed a series of articles on the deaths in September 2004, the CID opened its own probe. Former Attorney General for the Armed Forces Yar Mohammed Tamkin, who directs the Afghan investigation into the death of Naseer, concludes in his own report that there was a “strong possibility” that Naseer was “murdered as the result of torture” at the hands of his US captors. Under Afghan law, he writes, “it is necessary for our legal system to investigate the torture of the seven individuals and the murder of Jamal, son of Ghazi, and other similar acts committed by foreign nationals.” CID investigators say that the Army’s original inquiry into the deaths was stymied by a lack of information made available by the Gardez unit’s commanders. “We’re trying to figure out who was running the base,” says Army detective Christopher Coffey. “We don’t know what unit was there. There are no records. The reporting system is broke across the board. Units are transferred in and out. There are no SOPs [standard operating procedures]… and each unit acts differently.” Coffey does acknowledge that “Gardez is the worst facility—it is three or four times as bad as any other base in Afghanistan.” Naseer’s death was officially attributed to “natural causes” stemming from an apparent sexually-contracted urinary tract infection, and his death was never reported, as is standard Army procedure. Shortly after Naseer’s death, the other seven detainees were transferred to the custody of local Afghan police, who mounted their own investigation. The seven were released without charge six weeks later. [Los Angeles Times, 9/21/2004] Two special Forces soldiers accused of complicity in Naseer and Mohammed’s deaths will be given administrative reprimands by the Army in 2007 (see January 26, 2007).

Entity Tags: Yar Mohammed Tamkin, Jamal Naseer, Al-Qaeda, Christopher Coffey, Wakil Mohammed, Taliban, US Department of the Army

Timeline Tags: War in Afghanistan

Category Tags: Coverup, Reports/Investigations, Media

The Israeli newspaper Ha’aretz reports that at least 11 men are being held in incommunicado in a Jordanian detention center on behalf of the US. Khalid Shaikh Mohammed and Hambali are presumed to be among those detained (see June 11, 2004). [Reuters, 10/13/2004]

Entity Tags: Khalid Shaikh Mohammed, Hambali

Category Tags: Rendition after 9/11, Media, Al Jafr Prison (Jordan)

The New York Times says in an editorial, “The White House, the Pentagon, and the Justice Department clearly have no intention of addressing the abuse.” [New York Times, 12/1/2004]

Entity Tags: Gordon England

Category Tags: Criticisms of US, Impunity, Media

The Washington Post says in an editorial that “Congress has shirked its responsibility.” It points out that no hearings on prisoner abuse have been held since August, no policymaker has been held accountable, and “no legislation has corrected the administration’s twisted interpretation of torture or the Geneva Conventions.” The Post says that “the worst aspect of the Abu Ghraib scandal” has been that the system of abuses has “survived its public exposure.” [Washington Post, 12/5/2004]

Entity Tags: Washington Post, US Congress

Category Tags: Criticisms of US, Impunity, Media

The US television news media virtually ignores the court-martial of Specialist Charles Graner, who is charged with abusing and torturing prisoners at Abu Ghraib (see May 19, 2004-March 22, 2006 and January 16, 2005), according to author and media critic Frank Rich. “[I]f a story isn’t on TV in America, it’s MIA in the culture,” Rich will write. Much of the broadcast coverage is focused on stories about President Bush’s upcoming inauguration and on Britain’s Prince Harry, who had dressed up in Nazi regalia for a costume party. The network and cable news stations grant Graner’s trial only “brief, mechanical” summations “when it was broadcast at all.” The usual claims that television news only focuses on lurid, scandal-ridden news stories do not apply here, Rich writes: “It surely didn’t lack for drama; the Graner trial was Judgment at Nuremberg turned upside down.” Viewers do not learn of defense lawyer Guy Womack’s claim during his closing argument that “In Nuremberg, it was the government being prosecuted. We were going after the order-givers. Here the government is going after the order-takers.” Rich will later write that if the American public could not be exposed to fictional films about World War II (see November 11, 2004), then it “certainly… could not be exposed to real-life stories involving forced group masturbation, electric shock, rape committed with a phosphorescent stick, the burning of cigarettes in prisoners’ ears, involuntary enemas, and beatings that ended in death (see May 3-11, 2004). When one detainee witness at the Graner trial testified… that he had been forced to eat out of a toilet, his story was routinely cited in newspaper accounts but left unmentioned on network TV newscasts.” [Rich, 2006, pp. 155]

Entity Tags: Guy Womack, Charles Graner, Frank Rich

Timeline Tags: Domestic Propaganda

Category Tags: Abu Ghraib Scandal Aftermath, Coverup, Disciplinary Actions, High-level Decisions and Actions, Media, Physical Assault, Abu Ghraib Prison (Iraq)

The Justice Department issues a secret opinion that countermands and contradicts the administration’s official policy that torture is “abhorrent” and will not be practiced by US military or law enforcement officials (see December 30, 2004). The secret opinion is, the New York Times writes two years later while publicly revealing its existence, “an expansive endorsement of the harshest interrogation techniques ever used by the Central Intelligence Agency.” The opinion gives explicit authorization to abuse detainees with a combination of physical and psychological abuse, including head-slapping, stress positioning, simulated drowning (“waterboarding”), and prolonged exposure to intense cold. New attorney general Alberto Gonzales (see November 10, 2004) approves the memo over the objections of deputy attorney general James Comey, himself preparing to leave the Justice Department after a series of battles over the legality of torture and the domestic surveillance program (see March 10-12, 2004). Comey says at the time that everyone at the department will be “ashamed” of the new opinion once the world learns of it. [New York Times, 10/4/2007]

Entity Tags: US Department of Justice, Alberto R. Gonzales, Central Intelligence Agency, New York Times

Timeline Tags: Complete 911 Timeline, Civil Liberties

Category Tags: Coverup, High-level Decisions and Actions, Impunity, Legal Proceedings, Media, Statements/Writings about Torture, Abrogation of Rights, Dangerous Conditions, Extreme Temperatures, Forced Confessions, Mental Abuse, Sleep Deprivation, Stress Positions, Waterboarding, Internal Memos/Reports

A scene of a US soldier aiming his weapon from the ‘Ramadi Madness’ videotapes.A scene of a US soldier aiming his weapon from the ‘Ramadi Madness’ videotapes. [Source: Miami New Times]The Palm Beach Post releases two undated videos from Iraq that the government had refused to release to the American Civil Liberties Union (ACLU). The videos, part of a set which will become known as the “Ramadi Madness” videos, were made by members of the West Palm Beach-based Bravo Company, 1st Battalion, 124th Infantry Regiment, stationed in Ramadi in 2002 and 2003. The videos are divided into segments called, among other titles, “See Haj Run” and “Blood Clot,” and depict scenes of urban fighting and Iraqis being captured and detained by US forces. In 2006, the government will authenticate the videos as being genuine (see May 2, 2006). The videos combine to make an approximately 26-minute long “crude documentary,” according to the Post, “created by a couple of [Bravo Company] sergeants.” The films were examined by Army investigators, who eventually concluded that they showed “inappropriate behaviors” but nothing criminal. The Post describes the videotaped scenes as ranging “from routine to poignant to macabre.” One shows a US soldier moving the hand of a dead Iraqi truck driver to “make him say ‘Hi.’” Another shows two soldiers pretending to choke a third with a plastic handcuff. A snippet entitled “Haji Cat” shows soldiers feeding and cuddling a kitten, which they’ve named “Anthrax.” Another shows an injured Iraqi man being pulled from the sidewalk into a building by other Iraqis. A later video shows an Iraqi prisoner on the ground with his hands bound and an off-screen voice saying, “I don’t know what the [expletive] this guy did, but he is a bad guy”; another detainee is receiving medical treatment for a head wound and being told to “smile for the camera.” A small group of soldiers interrogates a detainee. One video shows a homemade bomb made with plastic explosives packed in a rusted oil can. The “Blood Clot” video shows a US soldier kicking a wounded Iraqi and explaining, “This [expletive] shot at me.” The video moves to a close-up of an Iraqi detainee’s gunshot wound, then shows a group of women being detained while an off-screen voice declares, “Bad women.” One of the more graphic videos is titled “Friends Don’t Let Friends Play with Explosives.” It begins with a camera shot of burned and dismembered corpses, with an off-screen voice saying, “There’s the crater,” and, “That’s what you get, [expletive].” A soldier points to human remains and pokes the remains across the ground with his foot. Voices are heard off-screen, saying, “Oh, that’s part of his skull,” “That’s where the guy got thrown against the wall,” and, “They were setting the explosive, and it blew up on them.” Finally, “That’s your brain on idiocy” is said as the camera focuses on another pile of remains. [Palm Beach Post, 3/13/2005; American Civil Liberties Union, 5/2/2006] The Army will not charge anyone over the actions depicted in the videotapes. [Associated Press, 3/4/2005]

Entity Tags: Palm Beach Post, American Civil Liberties Union, US Department of the Army

Category Tags: Media, Reports/Investigations

Newsweek prints an item in its “Periscope” section that reports an American guard at Guantanamo Bay flushed a detainee’s Koran down a toilet. According to the report, the US Southern Command intends to mount an investigation into the desecration, which violates US and international laws. The report sparks widespread rioting in Pakistan and Afghanistan that results in the deaths of at least 17 people. The Pentagon and the Bush administration immediately blame Newsweek for the riots and the deaths; Lieutenant General Karl Eikenberry, the senior commander of US forces in Afghanistan, says the report did not spark the Afghan rioting, as does Afghan President Hamid Karzai. Newsweek says the information came from an American official who remains unidentified. “We regret that we got any part of our story wrong, and extend our sympathies to victims of the violence and to the US soldiers caught in its midst,” Mark Whitaker, Newsweek’s editor, writes in a subsequent article. Whitaker adds: “We’re not retracting anything. We don’t know what the ultimate facts are.” The Pentagon denies the report; spokesman Bryan Whitman says: “Newsweek hid behind anonymous sources, which by their own admission do not withstand scrutiny. Unfortunately, they cannot retract the damage they have done to this nation or those that were viciously attacked by those false allegations.” The report is “demonstrably false” and “irresponsible.” Whitman says the report has “had significant consequences that reverberated throughout Muslim communities around the world.” Senior Pentagon spokesman Lawrence Di Rita calls Whitaker’s note “very tepid and qualified.… They owe us all a lot more accountability than they took.” White House press secretary Scott McClellan says, “Our United States military personnel go out of their way to make sure that the Holy Koran is treated with care.” State Department spokesman Richard Boucher says Newsweek is wrong to use “facts that have not been substantiated.” And Defense Secretary Donald Rumsfeld issues the admonishment, “[P]eople need to be careful what they say… just as people need to be careful what they do.” According to Whitaker, while the magazine tries to avoid using unnamed sources when it can, there are instances where sources will not speak to reporters unless their anonymity is guaranteed. The administration source has been reliable in the past, Whitaker says, and, moreover, the reporters of the story, Michael Isikoff and John Barry, received confirmation from both the source and a senior Pentagon official. Whitaker’s explanation notes that Newsweek has chosen not to publish previous reports of Koran desecration at Guantanamo because the sources are former detainees whom it considers unreliable. General Richard Myers, the chairman of the Joint Chiefs of Staff, says that guards and officials at Guantanamo have looked for documentation of the reported Koran-flushing and cannot find it. [New York Times, 5/16/2005; Rich, 2006, pp. 164] The Pentagon will conclude that the Newsweek report is indeed responsible for the riots; Isikoff and Barry’s source for the story will back off on his original claim (see May 15, 2005). A month later, the Pentagon will confirm that at least five instances of Koran desecration at Guantanamo did indeed occur (see June 3, 2005).

Entity Tags: Richard B. Myers, John Barry, Hamid Karzai, Donald Rumsfeld, Bush administration (43), Bryan Whitman, Karl Eikenberry, Lawrence Di Rita, Mark Whitaker, Michael Isikoff, Scott McClellan, US Department of Defense, US Southern Command, Richard A. Boucher, Newsweek

Category Tags: Coverup, High-level Decisions and Actions, Media, Reports/Investigations, Statements/Writings about Torture, Abrogation of Rights, Suppression of Religious Expression, Guantanamo (US Base in Cuba)

The Pentagon reports that an internal investigation shows no US guard at the Guantanamo Bay detention facility ever flushed a Koran down a toilet, as Newsweek recently reported. Furthermore, the rioting in Pakistan and Afghanistan that broke out after the report was released and claimed the lives of 17 people was directly sparked by the Newsweek report (see May 6-9, 2005). Pentagon spokesman Lawrence Di Rita informs Newsweek that its report is wrong. Newsweek reporter Michael Isikoff, the co-author of the report, goes back to his anonymous administration source to confirm the story. However, “the official, still speaking anonymously, could no longer be sure that these concerns had surfaced in the [US Southern Command] report [on prisoner abuse],” Newsweek writes. The story of the Koran being desecrated might have been in other reports, the source tells Isikoff. “Told of what the Newsweek source said, Di Rita explode[s],” the magazine writes. “‘How could he be credible now?’ Di Rita thunders.” National Security Adviser Stephen Hadley says the White House is “vigorously” investigating the report; if true, Hadley says, stern disciplinary action will be taken. Hadley adds that radical Islamic elements in Pakistan and Afghanistan are using the report as an excuse to incite violence. [New York Times, 5/16/2005] Three weeks later, the Pentagon will confirm that at least five instances of Koran desecration at Guantanamo did indeed occur (see June 3, 2005).

Entity Tags: Michael Isikoff, Bush administration (43), Lawrence Di Rita, US Southern Command, US Department of Defense, Stephen J. Hadley, Newsweek

Category Tags: Coverup, High-level Decisions and Actions, Media, Reports/Investigations, Suppression of Religious Expression, Guantanamo (US Base in Cuba)

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

Category Tags: Criticisms of US, Detainments, High-level Decisions and Actions, Indications of Abuse, Media, Prisoner Deaths, Reports/Investigations, Abrogation of Rights, Dangerous Conditions, Intimidation/Threats, Physical Assault, Sexual Humiliation, Bagram (Afghanistan)

A Koran kept for detainees’ use at Guantanamo. The surgical mask is provided to keep the Koran off the floor, and the guards from touching the book.A Koran kept for detainees’ use at Guantanamo. The surgical mask is provided to keep the Koran off the floor, and the guards from touching the book. [Source: GlobalSecurity (.org)]The Pentagon confirms that at least five incidents of deliberate and accidental Koran desecration have occurred at Guantanamo Bay. The Pentagon and White House recently denied a Newsweek report of one such incident. Both lambasted the news magazine for printing the claim without what it called sufficent proof, and blamed Newsweek’s reporting for sparking lethal riots in Pakistan and Afghanistan (see May 6-9, 2005 and May 15, 2005). While the Pentagon and White House denunciations of the Newsweek report were timed to garner extensive media attention, the Pentagon report is released to the press and the public at 7:15 p.m. on a Friday, ensuring that it will not make Friday evening newscasts and, as author Frank Rich will later write, “be buried in the weekend papers.” (The Pentagon denies trying to downplay the report.) In the documented incidents, guards stepped on, kicked, and in one case urinated on Korans owned by the detainees. The urination incident is described as accidental—according to the report, a guard urinated near an outside air vent and his urine was caught in the airstream and carried into a prisoner’s cell. The detainee, who was also splashed, was given a fresh garment and a new Koran, and the guard was reprimanded. In another instance, guards throwing water balloons got detainees’ Korans wet. In a third instance, a two-word obscenity in English was written on the inside cover of a Koran, though the investigation could not determine whether a guard or a detainee wrote the phrase. In a fourth incident, an interrogator kicked a detainee’s Koran (see February 26, 2002-March 7, 2002). In a fifth incident, a contract interrogator stepped on a detainee’s Koran during questioning; the contractor is later fired for misconduct. Four other complaints of Koran desecration are not confirmed. “Mishandling a Koran at Guantanamo Bay is a rare occurrence,” says Brigadier General Jay Hood, commander of the Guantanamo Joint Task Force. “Mishandling of a Koran here is never condoned.” Hood says that no evidence of a Koran being flushed down a toilet, as Newsweek reported, has been found. Hood has already been caught in at least one misstatement; he claimed before the report that four of the five instances took place before January 2003, when written procedures covering handling of religious materials were implemented. The report says that four of those five incidents actually took place after January 2003. Captain Jeffrey Weir, a spokesman for the task force, says he cannot explain Hood’s contradictory statement. “Maybe he misspoke,” Weir says. “I’m not sure why he would have put it that way.” Pentagon spokesman Lawrence Di Rita says that the Hood report confirms that US guards handle the Koran with respect and dignity. “The Southern Command policy of Koran handling is serious, respectful, and appropriate,” he says. “The Hood inquiry would appear to affirm that policy.” [New York Times, 5/16/2005; Rich, 2006, pp. 166]

Entity Tags: Jeffrey Weir, Bush administration (43), Frank Rich, Jay W. Hood, US Southern Command, Lawrence Di Rita, US Department of Defense, Newsweek

Category Tags: Coverup, High-level Decisions and Actions, Media, Reports/Investigations, Suppression of Religious Expression, Guantanamo (US Base in Cuba)

Jed Babbin.Jed Babbin. [Source: The Intelligence Summit]Three days before a group of military analysts are taken to Guantanamo by the Pentagon for an orchestrated “tour” (see June 24-25, 2005), one planning e-mail from Pentagon official Dallas Lawrence gives weight to the belief that the tour was arranged to prepare the analysts to deliver scripted talking points before the cameras (see April 20, 2008 and Early 2002 and Beyond). Lawrence notes the importance of scheduling the Guantanamo trip to ensure that an analyst for the American Spectator, Jed Babbin, can participate: “He is hosting a number of radio shows this summer. I would have to think he would have every member of Congress on to talk about their trip together—a definite plus for us looking to expand the echo chamber.” Babbin will respond with a Spectator article lambasting Democratic critics of Guantanamo, and will be given an invitation to appear on Bill O’Reilly’s Fox News talk show. Pentagon public relations official Lawrence Di Rita is quite pleased by Babbin’s work, and in an e-mail to other Pentagon officials, says: “We really should try to help [Babbin]. He is consistently solid and helpful.” [Salon, 5/9/2008]

Entity Tags: US Department of Defense, American Spectator, Bill O’Reilly, Dallas Lawrence, Fox News, Lawrence Di Rita, Jed Babbin

Timeline Tags: US Military, Iraq under US Occupation, Domestic Propaganda

Category Tags: Media, Guantanamo (US Base in Cuba)

Donald Shepperd, on the June 24 CNN broadcast.Donald Shepperd, on the June 24 CNN broadcast. [Source: CNN]Within hours of returning from a Pentagon-sponsored “fact-finding” trip to the Guantanamo detention facility (see June 24-25, 2005), CNN military analyst Don Shepperd, as planned (see June 25, 2005), extolls the virtues of the Pentagon’s handling of detainees on a lineup of CNN news broadcasts. As per his most recent briefing, he does not mention the case of Mohammed al-Khatani (see August 8, 2002-January 15, 2003), who has suffered extensive brutality at the hands of his captors. Instead, his “analyses” are so uniformly laudatory that, as commentator Glenn Greenwald will observe, they are “exactly what it would have been had [Defense Secretary Donald] Rumsfeld himself written the script.” After returning from his half-day visit, he participates in a live telephone interview with CNN anchor Betty Nguyen. He opens with the observation: “I tell you, every American should have a chance to see what our group saw today. The impressions that you’re getting from the media and from the various pronouncements being made by people who have not been here, in my opinion, are totally false. What we’re seeing is a modern prison system of dedicated people, interrogators and analysts that know what they are doing. And people being very, very well-treated. We’ve had a chance to tour the facility, to talk to the guards, to talk to the interrogators and analysts. We’ve had a chance to eat what the prisoners eat. We’ve seen people being interrogated. And it’s nothing like the impression that we’re getting from the media. People need to see this, Betty.… I have been in prisons and I have been in jails in the United States, and this is by far the most professionally-run and dedicated force I’ve ever seen in any correctional institution anywhere.” Shepperd watched an interrogation, and he describes it thusly: “[T]hey’re basically asking questions. They just ask the same questions over a long period of time. They get information about the person’s family, where they’re from, other people they knew. All the type of things that you would want in any kind of criminal investigation. And these were all very cordial, very professional. There was laughing in two of them that we…” Nguyen interrupts to ask, “Laughing in an interrogation?” and Shepperd replies: “In the two of them that we watched. Yes, indeed. It’s not—it’s not like the impression that you and I have of what goes on in an interrogation, where you bend people’s arms and mistreat people. They’re trying to establish a firm professional relationship where they have respect for each other and can talk to each other. And yes, there were laughing and humor going on in a couple of these things. And I’m talking about a remark made where someone will smirk or laugh or chuckle.” In another CNN interview three days later, Shepperd reiterates and expands upon his initial remarks, and says of the detainees: “[W]e have really gotten a lot of information to prevent attacks in this country and in other countries with the information they’re getting from these people. And it’s still valuable.” CNN does not tell its viewers that Shepperd is president of The Shepperd Group, a defense lobbying and consulting firm. [CNN, 6/24/2005; Salon, 5/9/2008]

Entity Tags: The Shepperd Group, CNN, Donald Shepperd, US Department of Defense

Timeline Tags: US Military, Iraq under US Occupation, Domestic Propaganda

Category Tags: Media

CNN analyst Donald Shepperd.CNN analyst Donald Shepperd. [Source: New York Times]With criticism of the Guantanamo Bay detention facility reaching new heights, new allegations of abuse from UN human rights experts, Amnesty International receiving plenty of media exposure for calling the facility “the gulag of our times” (see May 25, 2005), and many calling for the facility’s immediate closure, the Pentagon counters by launching the latest in its propaganda counteroffensive designed to offset and blunt such criticism (see April 20, 2008). The Pentagon and White House’s communications experts place a select group of around ten retired military officers, all who regularly appear on network and cable news broadcasts as “independent military analysts,” on a jet usually used by Vice President Dick Cheney, and fly them to Cuba for a carefully orchestrated tour of the facility. [New York Times, 4/20/2008]
A Four-Hour Tour - During the three-hour flight from Andrews Air Force Base to Cuba, the analysts are given several briefings by various Pentagon officials. After landing, but before being taken to the detention facility, they are given another 90-minute briefing. The analysts spend 50 minutes lunching with some of the soldiers on base, then begin their tour. They spend less than 90 minutes viewing the main part of the Guantanamo facility, Camp Delta; in that time, they watch an interrogation, look at an unoccupied cellblock, and visit the camp hospital. They spend ten minutes at Camp V and 35 minutes at Camp X-Ray. After less than four hours in Guantanamo’s detention facilities, they depart for Washington, DC. [Salon, 5/9/2008] This is the first of six such excursions, all designed to prepare the analysts for defending the administration’s point of view and counter the perception that Guantanamo is a haven for abusive treatment of prisoners. During the flight to the facility, during the tour, and during the return flight, Pentagon officials hammer home the message they want the analysts to spread: how much money has been spent on improving the facility, how much abuse the guards have endured, and the extensive rights and privileges granted to the detainees.
Producing Results - The analysts provide the desired results. All ten immediately appear on television and radio broadcasts, denouncing Amnesty International, challenging calls to close the facility, and assuring listeners that the detainees are being treated humanely. Donald Shepperd, a retired Air Force general, tells CNN just hours after returning from Guantanamo, “The impressions that you’re getting from the media and from the various pronouncements being made by people who have not been here in my opinion are totally false.” The next morning, retired Army General Montgomery Meigs appears on NBC’s flagship morning show, Today, and says: “There’s been over $100 million of new construction [at Guantanamo]. The place is very professionally run.” Transcripts of the analysts’ appearances are quickly circulated among senior White House and Pentagon officials, and cited as evidence that the Bush administration is winning the battle for public opinion. [New York Times, 4/20/2008]

Entity Tags: NBC, Donald Shepperd, Amnesty International, Bush administration (43), CNN, Montgomery Meigs, US Department of Defense

Timeline Tags: US Military, Iraq under US Occupation, Domestic Propaganda

Category Tags: Media

Retired Air Force General Donald Shepperd, a CNN news analyst, returns from a “fact-finding” trip to Guantanamo Bay (see June 24-25, 2005) prepared to provide Pentagon talking points to CNN audiences. Shepperd is remarkably candid about his willingness to serve as a Pentagon propagandist, writing in a “trip report” he files with his handlers, “Did we drink the ‘Government Kool-Aid?’—of course, and that was the purpose of the trip.” He acknowledges that “a one day visit does not an expert make” (Shepperd and his fellow analysts spent less than four hours touring the entire facility, all in the company of Pentagon officials), and notes that “the government was obviously going to put its best foot forward to get out its message.” He adds that “former military visitors are more likely to agree with government views than a more appropriately skeptical press.” Shepperd also sends an e-mail to Pentagon officials praising the trip and asking them to “let me know if I can help you.” He signs the e-mail, “Don Shepperd (CNN military analyst).” Shepperd’s e-mail is forwarded to Larry Di Rita, a top public relations aide to Secretary of Defense Donald Rumsfeld. Di Rita’s reply shows just how much control the Pentagon wields over the analysts. Di Rita replies, “OK, but let’s get him briefed on al-Khatani so he doesn’t go too far on that one.” Di Rita is referring to detainee Mohammed al-Khatani (see August 8, 2002-January 15, 2003), who had been subjected to particularly brutal treatment. Shepperd will, as planned, praise the Guantanamo detainee program on CNN in the days and hours following his visit to the facility (see June 24-25, 2005). [Salon, 5/9/2008] He will say in May 2008: “Our message to them as analysts was, ‘Look, you got to get the importance of this war out to the American people.’ The important message is, this is a forward strategy, it is better to fight the war in Iraq than it is a war on American soil.” [PBS, 5/1/2008]

Entity Tags: US Department of Defense, CNN, Donald Shepperd

Timeline Tags: US Military, Iraq under US Occupation, Domestic Propaganda

Category Tags: Media

Gordon Cucullu.Gordon Cucullu. [Source: The Intelligence Summit]“Independent military analyst” Gordon Cucullu, a former Green Beret, is an enthusiastic participant in the Pentagon’s Iraq propaganda operation (see April 20, 2008 and Early 2002 and Beyond). Cucullu has just returned from a half-day tour of the Guantanamo detention facility (see June 24-25, 2005), and is prepared to give the Pentagon’s approved message to the media.
Talking Points Covered in Fox Appearance - In an e-mail to Pentagon official Dallas Lawrence, he alerts the department to a new article he has written for conservative Website FrontPage, and notes that he has appeared on an early-morning broadcast on Fox News and delivered the appropriate talking points: “I did a Fox & Friends hit at 0620 this morning. Good emphasis on 1) no torture, 2) detainees abuse guards, and 3) continuing source of vital intel.” [Salon, 5/9/2008]
Op-Ed: Pampered Detainees Regularly Abuse Guards - In the op-ed for FrontPage, entitled “What I Saw at Gitmo,” he writes that the US is being “extraordinarily lenient—far too lenient” on the detainees there. There is certainly abuse going on at Guantanamo, Cucullu writes—abuse of soldiers by the detainees. Based on his three-hour tour of the facility, which included viewing one “interrogation” and touring an unoccupied cellblock, Cucullu says that the detainees “fight their captors at every opportunity” and spew death threats against the soldiers, their families, and Americans in general. The soldiers are regularly splattered with “feces, urine, semen, and spit.” One detainee reportedly told another, “One day I will enjoy sucking American blood, although their blood is bitter, undrinkable.” US soldiers, whom Cucullu says uniformly treat the detainees with courtesy and restraint (see August 8, 2002-January 15, 2003), are constantly attacked by detainees who wield crudely made knives, or try to “gouge eyes and tear mouths [or] grab and break limbs as the guards pass them food.” In return, the detainees are given huge meals of “well-prepared food,” meals which typically overflow from two styrofoam containers. Many detainees insist on “special meal orders,” and throw fits if their meals are not made to order. The level of health care they are granted, Cucullu says, would suit even the most hypochondriac American. Cucullu writes that the detainees are lavished with ice cream treats, granted extended recreational periods, live in “plush environs,” and provided with a full array of religious paraphernalia. “They are not abused, hanged, tortured, beheaded, raped, mutilated, or in any way treated the way that they once treated their own captives—or now treat their guards.” The commander, Brigadier General Jay Hood, tells Cucullu that such pampered treatment provides better results than harsher measures. “Establishing rapport” is more effective than coercion, Hood says, and, in Cucullu’s words, Hood “refers skeptics to the massive amount of usable intelligence information [the detainees] produce even three years into the program.” In conclusion, Cucullu writes, the reader is “right to worry about inhumane treatment” at Guantanamo, but on behalf of the soldiers, not the detainees. [FrontPage Magazine, 6/27/2005]

Entity Tags: US Department of Defense, Dallas Lawrence, Fox News, FrontPage Magazine, Gordon Cucullu, Jay W. Hood

Timeline Tags: US Military, Iraq under US Occupation, Domestic Propaganda

Category Tags: Media

The Pentagon, tracking every bit of media coverage provided by the “independent military analysts” who are part of its Iraq propaganda program (see April 20, 2008 and Early 2002 and Beyond), is particularly pleased with the results of its half-day tour of Guantanamo for selected analysts (see June 24-25, 2005). Its tracking (see 2005 and Beyond) finds that Lieutenant Colonel Gordon Cucullu (see June 27, 2005) receives the most coverage during the almost two weeks after the tour, followed by Major General Donald Shepperd (see June 24-27, 2005). In all, the analysts made 37 media appearances. They emphasized the following talking points:
Prisoner/Guard Abuse -
bullet “Most abuse is either toward US military personnel and/or between prisoners.”
bullet “US military guards are regularly threatened by prisoners.”
bullet “Some analysts stated there may have been past abuses at Gitmo but not now.”
'Prisoner Interrogations' -
bullet “Interrogators are building relationships with prisoners, not torturing them.”
bullet “We are still gaining valuable information from prisoners.”
bullet Interrogations are very professionally run.”
'Quality of Prisoner Care' -
bullet “Prisoners are given excellent treatment, including provision of any and all religious paraphernalia.”
bullet “Special dietary requests are routinely granted.”
'Closing Gitmo' -
bullet “Gitmo exceeds Geneva Convention requirements.”
bullet “We should not close this facility and let dangerous terrorists out.” [Salon, 5/9/2008]

Entity Tags: Gordon Cucullu, Geneva Conventions, Donald Shepperd, US Department of Defense

Timeline Tags: US Military, Iraq under US Occupation, Domestic Propaganda

Category Tags: Media

In an essay for the Virginia Law Review entitled “Liberalism, Torture, and the Ticking Bomb,” Georgetown law professor David Luban dismantles the familiar argument that torture of a detainee might be necessary to stop the so-called “ticking bomb scenario.” Author and former White House counsel John Dean, who quotes Luban in his 2006 book Conservatives Without Conscience, will describe the scenario and its ramifications thusly: “A nuclear bomb has been planted in the heart of a major American city and authorities have in custody a person who knows where it is located. To save possibly millions of lives, would it not be justified to torture this individual to get the necessary information to stop it? Absolutely. Is not this lesser evil justified? Of course it is. And this argument is a wonderful means to comfort those who have moral problems with torture. Its beauty is that once you concede there are circumstances in which torture might be justified, morally and legally… you are on the other side of the line. You’ve joined the torture crowd. To paraphrase [George W.] Bush, you’ve joined the evildoers.” Dean calls it “a bogus argument, a rhetorical device. It is seductively simple, and compellingly logical. But it is also pure fantasy.” The likelihood of such conditions are extremely remote, Dean writes, on the order of a giant meteor striking the Earth. Dean will cite Luban’s arguments as counters to the scenario. Luban writes, “[T]here are certain situations so monstrous that the idea that the processes of moral rationality could yield an answer in them is insane… to spend time thinking what one would decide if one were in such a situation is also insane, if not actually frivolous.” Luban notes that Senator John McCain (R-AZ), himself a victim of torture during the Vietnam War (see October 1, 2005 and November 21, 2005), “has said that ultimately the debate is over who we are. We will never figure that out until we stop talking about ticking bombs, and stop playing games with words.” [Dean, 2006, pp. 165]

Entity Tags: John McCain, David Luban, John Dean, George W. Bush

Category Tags: Criticisms of US, Media

Following a request that the CIA be exempted from a US ban on torture, claims about alleged CIA mistreatment of prisoners begin to appear in the media, apparently fueled by CIA employees unhappy with the practices the CIA is employing. On November 2, the Washington Post reveals information about the CIA’s network of secret prisons, including facilities in Europe, which is kept secret from “nearly all members of Congress charged with overseeing the CIA’s covert actions.” The rationale for the policy is that the CIA apparently needs to hold people without the restrictions imposed by the US legal system, in order to keep the country safe. Detainees are said to be tortured, and this is not only questionable under US law, but, in some cases, against the law of the host country. [Washington Post, 11/2/2005] On November 9, the New York Times reveals that in 2004, the CIA’s Inspector General secretly concluded that the CIA’s aggressive interrogation techniques in use up until that time were likely in violation of a 1994 international treaty against torture signed by the US (see May 7, 2004). [New York Times, 11/9/2005] After the network is revealed, there is much interest in what actually goes on in it and more important details are uncovered by ABC News on November 18. Apparently, the CIA’s interrogation techniques have led to the death of one detainee and include sleep deprivation, physical violence, waterboarding, and leaving prisoners in cold cells (see Mid-March 2002). The intelligence generated by these techniques is said to be questionable, and one source says: “This is the problem with using the waterboard. They get so desperate that they begin telling you what they think you want to hear.” [ABC News, 11/18/2005] Some videotapes of CIA interrogations of detainees are destroyed this same month, although what date this happens exactly is unclear (see November 2005). The CIA is also so alarmed by these revelations that it immediately closes its secret prisons in Eastern Europe and opens a new one in a remote section of the Sahara desert (see November 2005).

Entity Tags: Central Intelligence Agency

Timeline Tags: Complete 911 Timeline

Category Tags: Media, Destruction of CIA Tapes

Douglas Feith.Douglas Feith. [Source: Whodidit.org]Law professor Phillippe Sands interviews Douglas Feith, the former undersecretary of defense for policy and one of the key architects of the Iraq invasion. [Vanity Fair, 5/2008] Feith is joining the School of Foreign Service at Georgetown University as a lecturer. [Washington Post, 5/25/2006] Feith discusses his great pride in his part in the administration’s decision to ignore the Geneva Conventions’ restrictions on interrogating prisoners (see February 7, 2002). Feith says that Geneva merely got in the way of the US doing what it needed to do with regards to the detainees. Since al-Qaeda and Taliban operatives did not function under Geneva, he argues, the US did not need to, either. Feith says that between his arguments and the contempt the civilians in the White House and the Pentagon held for the military officers who stood by the Geneva restrictions, the decision was made to set Geneva aside when circumstances warranted. It was never a matter of questioning Geneva’s status as international law, but deciding to whom and in what circumstances the conventions apply.
Catch 22 - Sands writes that according to Feith’s (and eventually the administration’s) rationale: “Geneva did apply to the Taliban, but by Geneva’s own terms Taliban fighters weren’t entitled to POW status, because they hadn’t worn uniforms or insignia. That would still leave the safety net provided by the rules reflected in Common Article 3—but detainees could not rely on this either, on the theory that its provisions applied only to ‘armed conflict not of an international character,’ which the administration interpreted to mean civil war. This was new. In reaching this conclusion, the Bush administration simply abandoned all legal and customary precedent that regards Common Article 3 as a minimal bill of rights for everyone.… I asked Feith, just to be clear: Didn’t the administration’s approach mean that Geneva’s constraints on interrogation couldn’t be invoked by anyone at Guantanamo? ‘Oh yes, sure,’ he shot back. Was that the intended result?, I asked. ‘Absolutely.… That’s the point.‘… As he saw it, either you were a detainee to whom Geneva didn’t apply or you were a detainee to whom Geneva applied but whose rights you couldn’t invoke.”
Impact on Interrogations - When asked about the difference for the purpose of interrogation, Sands will write: “Feith answered with a certain satisfaction, ‘It turns out, none. But that’s the point.’ That indeed was the point. The principled legal arguments were a fig leaf. The real reason for the Geneva decision, as Feith now made explicit, was the desire to interrogate these detainees with as few constraints as possible.” Reflecting on that time, Feith says with obvious relish, “This year I was really a player.” Sands asks Feith if he ever worried that the Geneva decision might have eroded the US’s moral authority. Feith’s response is blunt: “The problem with moral authority [is] people who should know better, like yourself, siding with the _ssholes, to put it crudely.” [Vanity Fair, 5/2008]

Entity Tags: Phillippe Sands, Geneva Conventions, Douglas Feith, Al-Qaeda, Georgetown University, Taliban

Timeline Tags: Civil Liberties

Category Tags: Criticisms of US, High-level Decisions and Actions, Media, Statements/Writings about Torture, Guantanamo (US Base in Cuba)

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]

Entity Tags: Amrit Singh, American Civil Liberties Union, US Department of the Army

Category Tags: Coverup, Criticisms of US, Media, Physical Assault, SERE Techniques

Actor Kiefer Sutherland as ‘Jack Bauer.’Actor Kiefer Sutherland as ‘Jack Bauer.’ [Source: Stuff.co.nz]Law professor Phillippe Sands begins a series of interviews with the former staff judge advocate for the US Army in Guantanamo, Lieutenant Colonel Diane Beaver. She is the author of a legal analysis that was used by the Bush administration to justify its extreme interrogation techniques (see October 11, 2002). Sands describes her as “coiled up—mistreated, hung out to dry.” She is unhappy with the way the administration used her analysis, and notes that she was guided in her work at Guantanamo by personnel from the CIA and Defense Intelligence Agency. She believes that some of the interrogation techniques were “reverse-engineered” from a training program called SERE—Survival, Evasion, Resistance, and Escape—though administration officials have denied this. Several Guantanamo personnel were sent to Fort Bragg, SERE’s home, for a briefing on the program (see December 2001, January 2002 and After, Mid-April 2002, Between Mid-April and Mid-May 2002, July 2002, July 2002, July 2002, and August 1, 2002). Military training was not the only source of inspiration. Fox’s television drama 24 came to a conclusion in the spring of 2002, Beaver recalls. One of the overriding messages of that show is that torture works. “We saw it on cable,” Beaver remembers. “People had already seen the first series. It was hugely popular.” The story’s hero, Jack Bauer, had many friends at Guantanamo, Beaver adds. “He gave people lots of ideas.” She recalls in graphic terms how excited many of the male personnel became when extreme interrogation methods were discussed. “You could almost see their d_cks getting hard as they got new ideas,” she will say. “And I said to myself, You know what? I don’t have a d_ck to get hard—I can stay detached.” The FBI and the Naval Criminal Investigative Service refused to become involved in aggressive interrogations, she says (see Late March through Early June, 2002 and December 17, 2002). [Vanity Fair, 5/2008]

Entity Tags: Naval Criminal Investigative Service, Diane E. Beaver, Federal Bureau of Investigation, Fox Broadcasting Company, Phillippe Sands, Georgetown University

Category Tags: High-level Decisions and Actions, Legal Proceedings, Media, SERE Techniques, Internal Memos/Reports, Guantanamo (US Base in Cuba)

Abu Bakker Qassim.Abu Bakker Qassim. [Source: McClatchy News]Abu Bakker Qassim, a Chinese Muslim and a member of that country’s Uighur minority, writes a column for the New York Times concerning what he says is his wrongful imprisonment at the Guantanamo Bay detention facility. Qassim is writing to protest Congress’s consideration of passing legislation that would deny Guantanamo detainees their habeas corpus right to challenge their detentions in federal court. Qassim says he and 17 of his fellow Uighurs fled Chinese government oppression and went to Afghanistan, where they were captured by Pakistani bounty hunters and “sold… to the United States military like animals for $5,000 a head. The Americans made a terrible mistake.” After he and four other Uighurs were granted court hearings, US authorities deported them to Albania. “Without my American lawyers and habeas corpus, my situation and that of the other Uighurs would still be a secret,” he writes. “I would be sitting in a metal cage today. Habeas corpus helped me to tell the world that Uighurs are not a threat to the United States or the West, but an ally. Habeas corpus cleared my name—and most important, it let my family know that I was still alive.” Qassim says that like his fellow Uighurs, he is “a great admirer of the American legal and political systems.” He continues: “I have the utmost respect for the United States Congress. So I respectfully ask American lawmakers to protect habeas corpus and let justice prevail. Continuing to permit habeas rights to the detainees in Guantanamo will not set the guilty free. It will prove to the world that American democracy is safe and well.” [New York Times, 9/17/2006] Because of this editorial, Qassim and four other Uighurs will be dubbed “returning to terrorist activities” by the Pentagon (see January 13-14, 2009).

Entity Tags: New York Times, Abu Bakker Qassim

Timeline Tags: Civil Liberties

Category Tags: Criticisms of US, Detainments, Indefinite Detention, Legal Proceedings, Media, Guantanamo (US Base in Cuba)

Nieman Reports, a quarterly magazine about journalism, publishes an article by investigative journalist Craig Pyes describing how the US Army attempted to undermine a Los Angeles Times investigation looking into the March 2003 deaths of two Afghan detainees (see March 16, 2003). It is believed that members of a Special Forces detachment in Afghanistan murdered the two men, identified as Jamal Naseer and Wakil Mohammed, and then covered up the circumstances surrounding their deaths. An official investigation into the two deaths by the Army’s Criminal Investigation Command (CID) found insufficient probable cause to bring charges for either of the two deaths. As a result of the CID investigation, two soldiers were given noncriminal administrative letters of reprimand (see January 26, 2007) for “slapping” prisoners at the Gardez facility and for failing to report the death of Naseer. In his article, Pyes recounts the resistance he and his colleague Kevin Sack encountered from the military as they sought information about the two deaths. The military refused to disclose basic information about the circumstances surrounding the two deaths, including the two men’s identities, the circumstances of their detention, the charges against them, court papers, and investigative findings. The journalists also learned that soldiers had been told by their superiors that it was important that everyone be “on the same page in case there was an investigation.” During their investigation, they also discovered that “military examiners had made some significant errors, including their initial failure to identify the victims. They also grossly misidentified dates of crucial events and persistently failed to interview key people and locate supporting documents.” [Nieman Watchdog, 3/2/2007]

Entity Tags: Wakil Mohammed, United Nations Assistance Mission in Afghanistan, US Special Forces, Jamal Naseer, Los Angeles Times, Criminal Investigation Command

Timeline Tags: War in Afghanistan

Category Tags: Coverup, Disciplinary Actions, Independent Investigations, Media, Prisoner Deaths, Reports/Investigations, Extreme Temperatures, Intimidation/Threats, Physical Assault, Stress Positions, Gardez (Afghanistan)

In a statement released by CIA Director Michael Hayden, the CIA admits that it has destroyed videotapes of interrogations of two detainees, Abu Zubaida and Abd al-Rahim al-Nashiri (see Spring-Late 2002 and November 2005). [Central Intelligence Agency, 12/6/2007] The statement is apparently released to preempt a New York Times article on the verge of publication that would have revealed the destruction. [Washington Post, 12/7/2007] The fact that the CIA had videoed detainee interrogations was made public a few weeks previously (see November 13, 2007). [US District Court for the Eastern District of Virginia, Alexandria Division, 10/25/2007 pdf file] According to several former intelligence officials, there is concern that the tapes could have set off controversies about the legality of the interrogations and generated a backlash in the Middle East. [New York Times, 12/8/2007] Numerous political figures condemn the destruction in strong terms. For example, Senator Edward Kennedy (D-MA) says, “We haven’t seen anything like this since the 18½-minute gap in the tapes of President Richard Nixon,” and, “What would cause the CIA to take this action? The answer is obvious—coverup.” Senator Richard Durbin (D-IL) says, “What is at stake here goes to the heart of the rule of law and justice in America.” Human rights activists are also angry, and an Amnesty International spokesman says, “It falls into a pattern of measures that have been taken that obstruct accountability for human rights violations.” [CBS News, 12/7/2007; ABC News, 12/7/2007] Both the Justice Department and the CIA’s Inspector General initiate preliminary inquiries. The House and Senate intelligence committees also start investigations. [Los Angeles Times, 12/9/2007]

Entity Tags: Edward M. (“Ted”) Kennedy, Richard (“Dick”) Durbin, Senate Intelligence Committee, Central Intelligence Agency, Michael Hayden, Amnesty International

Timeline Tags: Complete 911 Timeline, Civil Liberties

Category Tags: Destruction of CIA Tapes, Media, Coverup

The American Civil Liberties Union (ACLU) secures an 81-page memo from March 14, 2003 that gave Pentagon officials legal justification to ignore laws banning torture (see March 14, 2003). The Justice Department memo was written by John Yoo, then a top official at the Office of Legal Counsel, on behalf of then-Pentagon General Counsel William J. Haynes. It guides Pentagon lawyers on how to handle the legal issues surrounding “military interrogations of alien unlawful combatants held outside the United States.” According to Yoo’s rationale, if a US interrogator injured “an enemy combatant” in a way that might be illegal, “he would be doing so in order to prevent further attacks on the United States by the al-Qaeda terrorist network.” That motive, Yoo opines, justifies extreme actions as national self-defense. While the existence of the memo has been known for some time, this is the first time the public has actually seen the document. This memo is similar to other Justice Department memos that define torture as treatment that “shock[s] the conscience” and risks organ failure or death for the victim. Legal scholars call the memo evidence of “the imperial presidency,” but Yoo, now a law professor at the University of California at Berkeley, says the memo is unremarkable, and is “far from inventing some novel interpretation of the Constitution.” The ACLU receives the document as the result of a Freedom of Information Act (FOIA) request from itself, the New York Civil Liberties Union, and other organizations filed in June 2004 to obtain documents concerning the treatment of prisoners kept abroad. The Yoo memo is one of the documents requested. [John C. Yoo, 3/14/2003 pdf file; United Press International, 4/2/2008; American Civil Liberties Union, 4/2/2008] According to the ACLU, the memo not only allows military officials to ignore torture prohibitions, but allows the president, as commander in chief, to bypass both the Fourth and Fifth Amendments (see April 2, 2008). [American Civil Liberties Union, 4/2/2008] The Fourth Amendment grants the right for citizens “to be secure in their persons” and to have “probable cause” shown before they are subjected to “searches and seizures.” The Fifth Amendment mandates that citizens cannot be “deprived of life, liberty, or property, without due process of law.” [Cornell University Law School, 8/19/2007] Amrit Singh, an ACLU attorney, says: “This memo makes a mockery of the Constitution and the rule of law. That it was issued by the Justice Department, whose job it is to uphold the law, makes it even more unconscionable.” [American Civil Liberties Union, 4/2/2008]

Entity Tags: William J. Haynes, Office of Legal Counsel (DOJ), New York Civil Liberties Union, Al-Qaeda, US Department of Justice, American Civil Liberties Union, John C. Yoo, Amrit Singh, US Department of Defense

Timeline Tags: Civil Liberties

Category Tags: Criticisms of US, High-level Decisions and Actions, Human Rights Groups, Indications of Abuse, Media, Guantanamo (US Base in Cuba)

Several legal experts join the retired military officials (see April 2-4, 2008) and media pundits (see April 4, 2008) who have spoken out against former Justice Department lawyer John Yoo’s 2003 torture memo (see April 2, 2008). Dawn Johnsen, the head of the Justice Department’s Office of Legal Counsel during the Clinton administration, says of Yoo’s memo: “Having 81 pages of legal analysis with its footnotes and respectable-sounding language makes the reader lose sight of what this is all about. He is saying that poking people’s eyes out and pouring acid on them is beyond Congress’s ability to limit a president. It is an unconscionable document.” [Washington Post, 4/6/2008] Former Office of Legal Counsel lawyer Martin Lederman, now a law professor at Georgetown University, says the Yoo memo helped create a legal environment that allowed prisoner abuses at Abu Ghraib. “What else could have been the source of belief in Iraq that the gloves were off and all laws could be disregarded with impunity?” Lederman asks. “It created a world in which everyone on the ground believed the laws did not apply. It was a law-free zone.” [Washington Post, 4/2/2008] Doug Cassell, the director of Notre Dame Law School’s Center for Civil and Human Rights, says: “This newly disclosed memo confirms that John Yoo inflicted his legal theory, that the commander in chief can do anything in wartime, not only on the CIA, but on the Pentagon as well. Yet when the Justice Department revoked the Yoo memos, it expressly declined to address that theory. It is high time for the Justice Department to repudiate Yoo’s pernicious doctrine, once and for all.” [Institute for Public Accuracy, 4/2/2008]

Entity Tags: Martin (“Marty”) Lederman, Doug Cassell, Dawn Johnsen, US Department of Justice, John C. Yoo

Timeline Tags: Civil Liberties

Category Tags: High-level Decisions and Actions, Legal Proceedings, Media, Statements/Writings about Torture, Internal Memos/Reports

Author and former civil litigator Glenn Greenwald writes that he is angered, but not particularly shocked, at the US mainstream media’s failure to provide in-depth, extensive coverage of the recently released 2003 torture memo (see March 14, 2003 and April 1, 2008) and another memo asserting that the Bush administration had declared the Fourth Amendment null and void in reference to “domestic military operations” inside the US (see April 2, 2008). Greenwald also notes the lack of coverage of a recent puzzling comment by Attorney General Michael Mukasey about 9/11 (see March 27, 2008). Instead, Greenwald notes, stories about the Democratic presidential campaign (including criticism over Barack Obama’s relationship with his former pastor, Jeremiah Wright, and Obama’s recent bowling scores) have dominated press coverage. According to a recent NEXIS search, these various topics have been mentioned in the media in the last thirty days:
bullet “Yoo and torture” (referring to John Yoo, the author of the two memos mentioned above)—102.
bullet “Mukasey and 9/11”—73.
bullet “Yoo and Fourth Amendment”—16.
bullet “Obama and bowling”—1,043.
bullet “Obama and Wright”—More than 3,000 (too many to be counted).
bullet “Obama and patriotism”—1,607.
bullet “Clinton and Lewinsky”—1,079. [Salon, 4/5/2008]
(For the record, on March 30, Obama went bowling in Pennsylvania during a campaign stop, in the company of Senator Bob Casey (D-PA). Newsmax is among the many media outlets that provided play-by-play coverage of Obama’s abysmal performance on the lanes—he scored a 37. The site reported that Obama lost “beautifully” and was “way out of his league.”) [NewsMax, 3/31/2008]
Media Attacks Obama's 'Elitism' - The Washington Post’s Howard Kurtz gives over much of his column to a discussion of Obama’s eating and bowling habits, making the argument, according to Greenwald, that Obama is “not a regular guy but an arrogant elitist.” Kurtz defends his argument by compiling a raft of “similar chatter about this from Karl Rove” and others. Bloomberg’s Margaret Carlson spent a week’s worth of columns calling Obama’s bowling his biggest mistake, a “real doozy.” MSNBC reported that Obama went bowling “with disastrous consequences.” Greenwald notes that the media “as always,” takes “their personality-based fixations from the right, who have been promoting the Obama is an arrogant, exotic, elitist freak narrative for some time.” In this vein, Time’s Joe Klein wrote of what he called Obama’s “patriotism problem,” saying that “this is a chronic disease among Democrats, who tend to talk more about what’s wrong with America than what’s right.” Greenwald notes, “He trotted it all out—the bowling, the lapel pin, Obama’s angry, America-hating wife, ‘his Islamic-sounding name.’” Greenwald calls the media fixation on Obama’s bowling and his apparent failure to be a “regular guy” another instance of their “self-referential narcissism—whatever they sputter about is what ‘the people’ care about, and therefore they must keep harping on it, because their chatter is proof of its importance. They don’t need Drudge to rule their world any longer because they are Matt Drudge now.” [Salon, 4/5/2008]

Entity Tags: Michael Mukasey, Matt Drudge, Richard (“Dick”) Cheney, MSNBC, Joe Klein, Barack Obama, Bob Casey, Jr, Bush administration (43), George W. Bush, Glenn Greenwald, Margaret Carlson, Jeremiah A. Wright Jr, Howard Kurtz, NewsMax

Timeline Tags: Domestic Propaganda, 2008 Elections

Category Tags: Media, Statements/Writings about Torture, Internal Memos/Reports

The American Civil Liberties Union (ACLU) calls for an independent counsel to investigate President Bush and his current and former top officials over their involvement in approving torture against terror suspects held captive by US military and intelligence personnel (see April 2002 and After and April 11, 2008). The ACLU’s executive director, Anthony Romero, says: “We have always known that the CIA’s use of torture was approved from the very top levels of the US government, yet the latest revelations about knowledge from the president himself and authorization from his top advisers only confirms our worst fears. It is a very sad day when the president of the United States subverts the Constitution, the rule of law, and American values of justice.” The ACLU’s Caroline Frederickson adds: “No one in the executive branch of government can be trusted to fairly investigate or prosecute any crimes since the head of every relevant department, along with the president and vice president, either knew [of] or participated in the planning and approval of illegal acts. Congress cannot look the other way; it must demand an independent investigation and independent prosecutor.” Romero says the ACLU is offering legal assistance to any terrorism suspect being prosecuted by the US: “It is more important than ever that the US government, when seeking justice against those it suspects of harming us, adhere to our commitment to due process and the rule of law. That’s why the ACLU has taken the extraordinary step to offer our assistance to those being prosecuted under the unconstitutional military commissions process.” [American Civil Liberties Union, 4/12/2008]

Entity Tags: Anthony D. Romero, American Civil Liberties Union, Bush administration (43), Caroline Frederickson, George W. Bush

Timeline Tags: Civil Liberties

Category Tags: Criticisms of US, Detainments, Human Rights Groups, Independent Investigations, Media, Sleep Deprivation, Stress Positions, Waterboarding, Guantanamo (US Base in Cuba)

Ruth Conniff.Ruth Conniff. [Source: PBS]Columnist and veteran news commentator Ruth Conniff writes in the Progressive that she is disturbed both by the news that senior Bush officials signed off on the use of specific torture methods against al-Qaeda suspects in US custody (see April 2002 and After), and by the fact that the mainstream media, with notable exceptions, has virtually ignored the story. Between this story and the follow-up that President Bush himself knew of the discussions and approvals (see April 11, 2008), Conniff asks: “Why is this not bigger news? Remember when the nation was brought to a virtual standstill over Bill Clinton’s affair with a White House intern? We now have confirmation that the president of the United States gave the OK for his national security team to violate international law and plot the sordid details of torture. The Democrats in Congress should be raising the roof.” [Progressive, 4/14/2008]

Entity Tags: Al-Qaeda, Bush administration (43), Ruth Conniff

Timeline Tags: Domestic Propaganda

Category Tags: Media

The Washington Post reports that at least two dozen current and former detainees at Guantanamo Bay claim that they were given drugs against their will, or witnessed other inmates being drugged. These detainees believe that they were drugged in order to force confessions of terrorist ties from them (see 2002-2005). The CIA and the Defense Department deny using drugs in their interrogations, and suggest that such claims are either lies or mistaken interpretations of routine medical treatment.
Claims Bolstered by Justice Department Memo - But the claims are bolstered by the recent revelation of a 2003 Justice Department memo that explicitly condoned the use of drugs on detainees (see March 14, 2003). The memo, written by then-Justice Department lawyer John Yoo, reversed a decades-old US ban on the use of “mind-altering substances” on prisoners. Instead, Yoo wrote, drugs could indeed be used as long as they did not inflict permanent or “profound” psychological damage. US law “does not preclude any and all use of drugs,” Yoo wrote. The claims are also given weight by a 2004 statement from the commander of a detention facility in Afghanistan, who alluded to the CIA drugging detainees (see February 2004).
Drugging Detainees a Gross Violation of Anti-Torture Treaties - Legal experts and human rights groups are calling for a full accounting, including release of detailed prison medical records. They say that forcing drugs on detainees for non-medical reasons is a particularly serious violation of international treaties banning torture. Medical ethics expert Leonard Rubinstein, the president of Physicians for Human Rights, says: “The use of drugs as a form of restraint of prisoners is both unlawful and unethical. These allegations demand a full inquiry by Congress and the Department of Justice.” Scott Allen, the co-director of the Center for Prisoner Health and Human Rights, says that there are no accepted medical standards for the use of drugs to interrogate or subjugate prisoners. Any such use “would have to be considered an experimental use of medicine.… The involvement of physicians and other health professionals in such a program would be a profound betrayal of medical trust and needs to be investigated further.” The Geneva Conventions do not specifically refer to drugs, but they ban any use of force or coercion in interrogating prisoners of war. Law professor Barbara Olshansky, the author of a book on military tribunals, says: “If you’re talking about interrogations, you’re talking about very specific prohibitions that mean you cannot use any force, at all, to interrogate someone. The law is beyond clear.”
Team of Guards Present - When inmates were injected or forced to take pills, former detainees claim, the personnel administering the drugs were always accompanied by a squad of specially equipped guards known as the “Immediate Reaction Force” to handle any possible violent reactions from the drugged inmates. One former detainee who was later released without charge, Ruhel Ahmed, recalls that the guards wore padded gear and “forced us to have injections.” Ahmed recalls, “You are not allowed to refuse it and you don’t know what it is for.” He says he was given about a dozen injections, which “had the effect of making me feel very drowsy.”
No Solid Evidence of Claims - No evidence of such drugging is known to the public, outside of detainee claims of effects from the injections that range from unnatural drowsiness to full-blown hallucinations. Former US intelligence officials have acknowledged giving sedatives to terror suspects before transporting them from one facility to another (see May 1, 2002). Former Navy general counsel Alberto Mora, who attempted without success to resist the Bush administration’s decision to use harsh interrogation tactics against detainees (see December 17-18, 2002), says he knows of no instances where detainees were drugged as part of their questioning. However, he adds, the detainees “knew they were being injected with something, and it is clear from all accounts that some suffered severe psychological damage.” Emi MacLean, a lawyer for the Center for Constitutional Rights (CCR), an organization which represents dozens of current and former detainees, says that many former detainees have clear and disturbing memories of being forcibly drugged. “Many speak about forced medication at Guantanamo without knowledge about what medication they were being forced to take,” MacLean says. “For some released [military] detainees, the forced medication they experienced was the most traumatic part” of their captivity. Other detainees have claimed, in interviews and statements provided by their lawyers, to have had injections and/or pills forcibly administered to them. One former detainee, French national Mourad Benchellali, says that during his three years at Guantanamo he was given treatments that were described to him as antibiotics or vitamins, yet they left him in what he describes as a mental fog. “These medicines gave us headaches, nausea, drowsiness,” Benchellali recalls. “But the effects were different for different detainees. Some fainted or threw up. Some had reactions such as pimples.” Other injections, often administered by force, left him and other detainees nauseated and light-headed, he says. “We were always tired and always felt groggy.” Detainee Moazzam Begg says that he believes he was given legitimate medications, but in improper dosages by poorly trained prison workers. Once, while being treated with pills for a panic attack, he began to hallucinate. “I saw things moving when they were not,” he recalls. “I talked to myself. I cried, laughed and sat immobile in a corner for hours. All of this was noted by the MPs and recorded.”
Use of Hallucinogens on Recalcitrant Prisoners? - Benchellali says that a different type of injection was used on detainees who were particularly uncooperative. His recollections are echoed by statements from four other detainees. “The injection would make them crazy,” he recalls. “They would have a crisis or dementia—yelling, no longer sleeping, soiling themselves. Some of us suspected they were given LSD.” Center for Constitutional Rights attorney J. Wells Dixon says the government seems to have given drugs to detainees whose extended captivity made them distraught or rebellious. “Many of these men have become desperately suicidal,” Dixon says. “And the government’s response has been to administer more medication, often without the consent of the prisoners.” [Washington Post, 4/22/2008]

Entity Tags: John C. Yoo, Central Intelligence Agency, Center for Prisoner Health and Human Rights, Center for Constitutional Rights, Barbara Olshansky, Alberto Mora, Emi MacLean, J. Wells Dixon, Mourad Benchellali, Scott Allen, Physicians for Human Rights, Geneva Conventions, Moazzam Begg, US Department of Justice, Leonard Rubinstein, US Department of Defense, Rhuhel Ahmed

Category Tags: Detainments, High-level Decisions and Actions, Media, Involuntary Drugs, Guantanamo (US Base in Cuba), Moazzam Begg, Rhuhel Ahmed

Cover of ‘How to Break a Terrorist.’Cover of ‘How to Break a Terrorist.’ [Source: Military (.com)]Former Iraq interrogator “Matthew Alexander” (a pseudonym) publishes his book How to Break a Terrorist: The US Interrogators Who Used Brains, Not Brutality, to Take Down the Deadliest Man in Iraq. Alexander has just published an editorial in the Washington Post detailing his success in using non-coercive interrogation techniques to locate terrorist leader Abu Musab al-Zarqawi, and denouncing the use of torture by US interrogators in Iraq and Guantanamo (see November 30, 2008). Time’s Gilbert Cruz writes, “Structured around a series of interrogations, [Alexander’s book] details the battle of wills between ‘gators [Alexander’s term for interrogators] and suspects as well as the internal fight between Alexander’s team and the old-school military inquisitors used to more brutal methods of questioning.” In his book, Alexander writes that these “old-school” interrogation tactics not only failed to elicit useful information, they “led down the disastrous path to the Abu Ghraib scandal.” Cruz calls the book “a claustrophobic read,” bringing the reader into the interrogation rooms with him, his partner, and the detainee during marathon questioning sessions. However, “Alexander scarcely discusses the theories behind his interrogation strategy, its derivation, or whether the US military continues to use it.” He concludes, “[A] fuller epilogue could have broadened the story beyond this single set of circumstances.” [Time, 12/2/2008]
'Times Where You Have to be Harsher' - In an interview about the book, Fox News host Sean Hannity attempts to assert that there will be times when torture is necessary to gain critical information. Alexander refuses to agree. Hannity says: “But I do think there’s going to be times where you have to be harsher. That’s an outsider’s view. Never? It never will work?” Alexander replies: “No.… I don’t say that torture doesn’t work; it does work on occasion. But what I say is that there’s better ways to do it.” [Fox News, 12/3/2008]
'Extremely Ineffective and Counter-Productive' - In another interview the same evening, Alexander tells MSNBC’s Keith Olbermann that torture is “extremely ineffective and counter-productive to what we are trying to accomplish in both the short-term and the long-term.” He explains: “In the short-term, when you torture somebody, it hardens their resolve, the information that you get is unreliable. And if you do get reliable information, you’re able to stop a terrorist attack, al-Qaeda is then going to use the fact that we torture people to recruit new members, and then we’re going to have to deal with a whole new wave of terrorists.” In the MSNBC interview, Alexander calls for an outright ban on torture and the retraining of US interrogators in non-coercive methods of questioning. [MSNBC, 12/4/2008]

Entity Tags: Matthew Alexander, Gilbert Cruz, Keith Olbermann, Sean Hannity

Category Tags: Criticisms of US, Media, Statements/Writings about Torture, Waterboarding

Pentagon press spokesman Geoff Morrell tells journalists that the Defense Department has new numbers documenting the “recidivism” of former Guantanamo detainees now engaged in terror activities. “The new numbers are, we believe, 18 confirmed and 43 suspected of returning to the fight,” Morrell says. “So 61 in all former Guantanamo detainees are confirmed or suspected of returning to the fight.” [US Department of Defense, 1/13/2009]
No Details on Numbers - The Pentagon figure would represent around 11 percent of the roughly 520 detainees released from the facility. National security expert Peter Bergen notes that the recidivism rate for prisoners in the US civilian judicial system is about 65 percent. Morrell defends the report, but refuses to say exactly where the information comes from. Instead, he says: “We don’t make these figures up. They’re not done willy-nilly.” Other Pentagon officials say they will not discuss how the figures were derived because of national security concerns. Morrell says the figures come from the Defense Intelligence Agency, “and they go over this with great care.” [CNN, 1/22/2009]
Law Professor: Pentagon Figures 'Egregiously' Wrong - In an exhaustive study of the Pentagon’s records of detainees, Seton Hall University law professor Mark Denbeaux disputes the Pentagon claim, calling it “egregiously” wrong (see January 16, 2009). “Once again, they’ve failed to identify names, numbers, dates, times, places, or acts upon which their report relies,” Denbeaux writes. “Every time they have been required to identify the parties, the DOD [Defense Department] has been forced to retract their false IDs and their numbers. They have included people who have never even set foot in Guantanamo—much less were they released from there. They have counted people as ‘returning to the fight’ for their having written an op-ed piece in the New York Times and for their having appeared in a documentary exhibited at the Cannes Film Festival. The DOD has revised and retracted their internally conflicting definitions, criteria, and their numbers so often that they have ceased to have any meaning—except as an effort to sway public opinion by painting a false portrait of the supposed dangers of these men. Forty-three times they have given numbers—which conflict with each other—all of which are seriously undercut by the DOD statement that ‘they do not track’ former detainees. Rather than making up numbers ‘willy-nilly’ about post release conduct, America might be better served if our government actually kept track of them.” [Seton Hall University, 1/15/2009] It is difficult to know exactly how many former Guantanamo detainees have returned to fighting, Denbeaux’s study finds, because of the incredibly poor record-keeping kept on detainees by the Pentagon (see January 20, 2009 ). Some of the detainees identified as recidivists never appeared on the detainee rolls. Some detainees were misidentified by the Pentagon, or identified as more than one person—and subsequently counted as more than one recidivist. Some have been dead for years, or are in the custody of other nations’ judicial systems. The Pentagon counts the so-called “Tipton Three” (see November 28, 2001) as “returning to the fight,” even though their only “terrorist activity” has been their participation in a documentary about unjust imprisonment in Guantanamo. The Pentagon also lists the recently released Uighurs, Chinese Muslims who were found to have no ties whatsoever to Islamic terrorism. One of the released Uighurs wrote a 2006 op-ed column for the New York Times protesting his imprisonment (see September 17, 2006), the extent of his documented “terrorist” actions. [New American, 1/27/2009]
Defense Secretary Downplays Report's Significance - Terrorism analyst Peter Bergen notes that many of the Guantanamo detainees were never terrorists at all, but were singled out as terrorists by Afghani villagers who told US authorities that they were members of al-Qaeda, either for personal revenge or for bounty money. Quoting former Defense Secretary Donald Rumsfeld, Bergen says, “We know that a lot of people who were in Guantanamo don’t qualify as being the ‘worst of the worst.’” Bergen says that many of the “suspected” terrorists have done nothing more than publicly make anti-American statements, “something that’s not surprising if you’ve been locked up in a US prison camp for several years.” Defense Secretary Robert Gates, the only holdover from the Bush administration currently serving in President Obama’s cabinet and an advocate for closing the Guantanamo facility, downplays the number of detainees supposedly engaged in terrorism. “It’s not as big a number if you’re talking about 700 or a thousand or however many have been through Guantanamo,” he says. [CNN, 1/22/2009]

Entity Tags: Robert M. Gates, US Department of Defense, Peter Bergen, Donald Rumsfeld, Mark Denbeaux, Geoff Morrell, Defense Intelligence Agency

Category Tags: High-level Decisions and Actions, Media, Reports/Investigations, Guantanamo (US Base in Cuba)

Mark Denbeaux.Mark Denbeaux. [Source: Seton Hall University]Mark Denbeaux, the director of the Seton Hall Law School Center for Policy and Research, and the lawyer for two detainees at Guantanamo, describes how his research disproved the Pentagon’s recent claim that 61 former detainees have returned to terrorist activities (see January 13-14, 2009). Denbeaux, interviewed by MSNBC’s Rachel Maddow, says that his analysis of the information released by the government shows that the claim has changed over and over again, and has never been supported by evidence. “Our model is simply to look at what the government’s reports show and analyze them,” he says. “The government has given its 43rd attempt to describe the number of people who have left Guantanamo and returned to the battlefield. Forty-one times they have done it orally as they have this last time. And their numbers have changed from 20 to 12 to seven to more than five to two to a couple to a few—25, 29, 12 to 24. Every time, the number has been different. In fact, every time they give a number, they don’t identify a date, a place, a time, a name, or an incident to support their claim.” In June 2007, Denbeaux says, the Pentagon identified 15 detainees as having “returned to the battlefield.” Denbeaux analyzed the information about the 15 so-called “recidivist terrorists.” Three of the 15, the so-called “Tipton Three” (see November 28, 2001), were considered as having “returned to the battlefield” because of their appearance in a documentary, The Road to Guantanamo. Five others are Chinese Uighurs who were listed as having “returned to terrorism” because one of their number wrote an editorial criticizing Guantanamo detention policies (see September 17, 2006). Two others were never at Guantanamo. Two were Russians who were arrested in Russia but never prosecuted. Two were arrested in their home country of Morocco, and the last was arrested in his home country of Turkey. So of the 15 so-called “recidivists,” a maximum of three could even be considered as possibly “returning to the battlefield.” Denbeaux says that the current listing of 61 so-called “recidivists” includes the 15 on the 2007 list, and the remaining 46 names have similar issues with documenting actual acts of terrorism. [MSNBC, 1/16/2009]

Entity Tags: Mark Denbeaux, US Department of Defense, Rachel Maddow

Category Tags: Criticisms of US, Media, Reports/Investigations, Guantanamo (US Base in Cuba)

Said Ali al-Shihri.Said Ali al-Shihri. [Source: Interpol]A former Guantanamo Bay detainee apparently resurfaces as a deputy leader of the Yemeni branch of al-Qaeda, prompting concerns that closing the detention facility might lead to the release of potentially dangerous terrorists. Said Ali al-Shihri was released from Guantanamo in 2007 and given over to Saudi custody, where he went through what the New York Times calls a “rehabilitation program for former jihadists.” He is suspected of helping carry out a bombing attack near the American Embassy in Yemen in September 2008. Al-Qaeda in Yemen identifies its new deputy leader as “Abu Sayyaf al-Shihri”; “Abu Sayyaf” is a commonly used nom de guerre used by jihadists to conceal their real identities. Almost half of the 245 remaining detainees in Guantanamo are Yemeni nationals like al-Shihri; the US is helping Yemen implement a rehabilitation program similar to the Saudi program. The Saudis claim that no graduate of its program has returned to terrorism. The Pentagon claims that dozens of released Guantanamo detainees have “returned to the fight,” but has provided no documentation of the claim, and many critics disbelieve it (see January 13-14, 2009). Yemeni journalist Abdulela Shaya and terrorism analyst Gregory Johnson both say that the Guantanamo detainee and the Yemeni al-Qaeda deputy are the same person. [New York Times, 1/22/2009]

Entity Tags: Said Ali al-Shihri, Abdulela Shaya, Al-Qaeda, US Department of Defense, Gregory Johnson

Category Tags: Media, Reports/Investigations, Guantanamo (US Base in Cuba)

Leon Panetta.Leon Panetta. [Source: San Diego Union-Tribune]President Obama’s pick to head the CIA, former Clinton administration chief of staff Leon Panetta, says that the CIA will not carry out “extraordinary renditions” under his tenure. Sparked by recent claims that the Obama administration intends to continue such extraordinary renditions, Senator Dianne Feinstein (D-CA) asks Panetta during his Senate confirmation hearings, “Will the CIA continue the practice of extraordinary rendition by which the government will transfer a detainee to either a foreign government or a black site for the purpose of long-term detention and interrogation, as opposed to for law enforcement purposes?” Panetta says, “No we will not.” He adds, “[B]ecause under the executive order signed by the president (see January 22, 2009), that kind of extraordinary rendition, where we send someone for the purposes of torture or for actions by another country that violate our human values—that has been forbidden by the executive order.” Panetta goes on to note the difference between “extraordinary rendition” and law enforcement rendition. [Think Progress, 2/5/2009]

Entity Tags: Obama administration, Central Intelligence Agency, Leon Panetta, Dianne Feinstein

Timeline Tags: Civil Liberties

Category Tags: High-level Decisions and Actions, Media, Public Statements, Rendition after 9/11, Extraordinary Rendition

Journalist and author Mark Danner, who has just published a lengthy examination of torture under Bush administration policies (see March 15, 2009), says as long as the press continues to dodge the use of the word “torture,” the country will continue to have trouble coming to grips with the issues surrounding the policies. Danner, appearing on C-SPAN’s Washington Journal, says the press continues to engage in a “semantic debate” over whether the US committed torture under the Bush administration. “One can continue to talk about torture is in the eye of the beholder, etc., etc., but frankly, nobody of any legal reputation believes that,” says Danner. Danner adds he is “frustrated by the practices of the press” that are “interfering with a clear debate.” Danner says: “I think the definitional question is extremely important, and… I think it’s extremely important to get by it already. We’re debilitated in that by some degree by the practices of the American press, frankly, which is that as long as the president or people in power continue to cling to a definition that they assert is the truth—as President Bush did when it came to torture, he said repeatedly the United States does not torture—the press feels obliged to report that and consider the matter as a question of debate.” [Think Progress, 3/17/2009]

Entity Tags: Mark Danner, Bush administration (43)

Category Tags: Media, Statements/Writings about Torture

Responding to the just-released CIA torture memos (see April 16, 2009), conservative radio host Rush Limbaugh “slaps” himself on the air, and tells his listeners: “I’m torturing myself right now. That’s torture according to these people.” After granting that President Obama “probably” doesn’t want the country to be attacked by terrorists again, Limbaugh says (with the sound of slaps interspersed): “I just slapped myself. I’m torturing myself right now. That’s torture according to these people.” Limbaugh goes on to say that the outcry over the revelations of torture makes the US a “laughing stock” in Afghanistan, Pakistan, and other nations in and around the Middle East. [Media Matters, 4/17/2009] During the same broadcast, Limbaugh says: “If you look at what we are calling torture, you have to laugh.… Slapping, putting an insect in with a prisoner in a small confined area.… If you go through the, what are said to be the four worst—waterboarding, of course, which worked on, um, Khalid Shaikh Mohammed… sleep deprivation, facial slaps, [insect exposure]… it worked. This is what supposedly made us the moral equivalent of al-Qaeda.” [Media Matters, 4/17/2009]

Entity Tags: Rush Limbaugh

Category Tags: Media, Exposure to Insects, Physical Assault

Fox News commentators mock the idea of using insects to torture prisoners, as was revealed in recently released Justice Department torture memos (see April 16, 2009). Mike Huckabee (R-AR), the former governor of Arkansas and a 2008 presidential candidate who now has his own talk show on Fox, says, “Look, I’ve been in some hotels where there were more bugs than these guys faced.” Huckabee goes on to characterize the Obama administration’s version of prisoner interrogation, saying, “We’re going to talk to them, we’re going to have a nice conversation, we’re going to invite them down for some tea and crumpets.” Huckabee’s fellow commentators Gretchen Carlson and Steve Doocy join in the hilarity. [Media Matters, 4/17/2009; Media Matters, 4/21/2009]

Entity Tags: Gretchen Carlson, Fox News, Steve Doocy, Mike Huckabee

Timeline Tags: Domestic Propaganda

Category Tags: Media, Exposure to Insects

Marcy Wheeler.Marcy Wheeler. [Source: Project Censored]Progressive blogger Marcy Wheeler, who posts under the moniker “emptywheel” at FireDogLake.com, finds that, upon careful perusal of the March 30, 2005 CIA torture memo just released by the Obama administration (see May 30, 2005 and April 16, 2009), two suspected terrorists, Abu Zubaida and Khalid Shaikh Mohammed, were waterboarded 266 times. Initial, more cursory news reports on the memo did not reveal this fact. The next day, the New York Times will cite Wheeler in its report on the discovery. [Marcy Wheeler, 4/18/2009; New York Times, 4/19/2009] Wheeler writes: “The CIA wants you to believe waterboarding is effective. Yet somehow, it took them 183 applications of the waterboard in a one month period to get what they claimed was cooperation out of KSM. That doesn’t sound very effective to me.” [Marcy Wheeler, 4/18/2009] Days later, an unidentified “US official with knowledge of the interrogation program” will tell a Fox News reporter that the claim of 183 waterboardings for Mohammed is inaccurate and misleading. Mohammed was only waterboarded five times, the official will claim. The figure of 183 is the number of “pours” Mohammed was subjected to. “The water was poured 183 times—there were 183 pours,” the official says, adding, “[E]ach pour was a matter of seconds.” The report of five waterboardings for Mohammed comes from a 2007 Red Cross report, the official will say. [Fox News, 4/28/2009]

Entity Tags: Marcy Wheeler, Obama administration, FireDogLake (.com), Central Intelligence Agency, Abu Zubaida, New York Times, Khalid Shaikh Mohammed

Timeline Tags: Complete 911 Timeline

Category Tags: Criticisms of US, High-level Decisions and Actions, Reports/Investigations, Statements/Writings about Torture, Waterboarding, Media

Brian Kilmeade.Brian Kilmeade. [Source: Chattahbox (.com)]Brian Kilmeade, a co-host of Fox News’s morning broadcast Fox and Friends, says he “feel[s] better” knowing that alleged 9/11 mastermind Khalid Shaikh Mohammed was waterboarded 183 times in a single month (see April 16, 2009 and April 18, 2009). “Guess what?” Kilmeade says. “Maybe if he were so scared of caterpillars [referring to militant training camp facilitator Abu Zubaida’s torture by insects—see August 1, 2002]… maybe he should have thought about that before he helped plot the taking down of 3,000-plus people on 9/11.” (Kilmeade is either unaware of, or ignoring, reports that show Zubaida may not have been a member of al-Qaeda and had no involvement in the 9/11 planning—see March 28, 2002, Shortly After March 28, 2002, and April 9, 2002 and After.) Kilmeade continues: “Khalid Shaikh Mohammed, I understand, was waterboarded 183 times. Did anyone care about that? Does anyone in America walk around going, ‘I’m really upset that the mastermind of 9/11 was waterboarded 183 times.’ That makes me feel better.… It’s unbelievable that people care more about Khalid Shaikh Mohammed, uh, his health, than they would about the future attacks that are being hatched.” [Media Matters, 4/20/2009]

Entity Tags: Khalid Shaikh Mohammed, Brian Kilmeade, Fox News

Category Tags: Media, Statements/Writings about Torture

Senator John Ensign (R-NV) calls the recently released Senate Armed Services Committee report on Bush-era torture policies (see April 21, 2009 and April 21, 2009) a “Democrat partisan” report. MSNBC’s Chris Matthews asks Ensign if he is shocked that those torture practices were based on techniques used by Chinese Communists to elicit false confessions from American prisoners of war (see 1957). Ensign accuses Matthews of being “inflammatory.” Matthews says he is not being inflammatory because he is reading directly from the report. At that point, Ensign says: “Chris, the reason I said it is because you didn’t preface that with saying that was a Democrat report. That was a Democrat partisan report. And you have to understand where the people who were doing that report—where their ideology comes from.” Matthews retorts: “Well, apparently, Senator John McCain [R-AZ] is part of what you call a ‘Democrat report.’ It’s the full committee report.… [I]t’s the Armed Services Committee report. It went through three months of review by the Defense Department, until its final release just yesterday. It seems to me this was vetted, sir. And you say this was some Democrat report.” Ensign responds: “The Democrats are in control of all of the committees. This was a Democrat majority report. This was not with the participation of the minority where the minority signed it, ‘Yes, we agree with these views.’” Before the interview, another MSNBC correspondent noted that both McCain and another Republican committee member, Lindsey Graham (R-SC), endorsed the report. And reporter Amanda Terkel, of the progressive news Web site Think Progress, reports that she spoke with a committee spokesman who confirmed that the full, unanimous committee released the report. When Matthews informs Ensign that McCain endorsed the report, Ensign says: “Well, I disagree with you. We had a discussion at lunch about this and many members of the [Senate Intelligence Committee and Armed Services Committee] completely disagreed with the report. That’s why I said it was a Democrat partisan report.” [Think Progress, 4/22/2009]

Entity Tags: Chris Matthews, Amanda Terkel, Senate Armed Services Committee, Lindsey Graham, John McCain, John Ensign

Category Tags: Media, Reports/Investigations, Statements/Writings about Torture

Nobel Prize-winning economist Paul Krugman, reacting to the recent revelations about Bush administration torture policies (see April 16, 2009 and April 21, 2009), writes: “Let’s say this slowly: the Bush administration wanted to use 9/11 as a pretext to invade Iraq, even though Iraq had nothing to do with 9/11. So it tortured people to make them confess to the nonexistent link (see April 22, 2009). There’s a word for this: it’s evil.” [New York Times, 4/22/2009]

Entity Tags: Paul Krugman, Bush administration (43)

Category Tags: Media, Statements/Writings about Torture

Fox News talk show host Sean Hannity displays his angry support for torture and waterboarding on his show, in response to the controversy over the recently released Senate report on torture (see April 21, 2009). Hannity says: “Barack Obama is so weakening our defenses in every regard, sucking up to all the world’s dictators, that people are gonna die because of what Barack Obama is doing right now. People are going to die.” When a guest objects that Americans may die because of the Bush administration’s torture policies, and that American torture policies are “spawning terrorists,” Hannity accuses her of “blam[ing] America” for terrorism, and begins shouting: “They [terrorists] are not Americans! They are at war with us!” He then raises a football over his head and says, “Imagine this is [9/11 plotter] Khalid Shaikh Mohammed’s head.” He slams it on the table and shouts: “Dunk it in water so we can save American lives! You bet!” [Media Matters, 4/22/2009]

Entity Tags: Sean Hannity, Barack Obama, Khalid Shaikh Mohammed, Fox News

Timeline Tags: Domestic Propaganda

Category Tags: Media, Statements/Writings about Torture

Fox News host Shepard Smith, clearly upset by the recent reports of torture (see April 16, 2009 and April 21, 2009), shouts his opposition to such practices during an interview with former New York Times reporter Judith Miller. On the air, Smith declares: “We are America, we don’t torture! And the moment that is not the case, I want off the train! This government is of, by, and for the people—that means it’s mine. That means—I’m not saying what is torture, and what is not torture, but I’m saying, whatever it is, you don’t do it for me! I want off the train when the government starts—I want off, next stop, now!” Smith is as impassioned during the commercial break. “They better not do it,” he says. “If we are going to be Ronald Reagan’s Shining City on the Hill, we don’t get to torture. We don’t do it.” And on Fox’s online broadcast The Strategy Show, Smith allows profanity to emphasize his objection. Slamming his hand on a table, he shouts: “We are America! I don’t give a rat’s _ss if it helps. We are America! We do not f_cking torture!!” [Huffington Post, 4/22/2009] In recent broadcasts, Fox contributors have either mocked the idea of torture (see April 17, 2009) or supported it outright (see April 20, 2009 and April 22, 2009).

Entity Tags: Shepard Smith, Judith Miller, Fox News

Timeline Tags: Domestic Propaganda

Category Tags: Criticisms of US, Media, Statements/Writings about Torture

Rachel Maddow and Ron Suskind during their MSNBC interview.Rachel Maddow and Ron Suskind during their MSNBC interview. [Source: Huffington Post]MSNBC host Rachel Maddow interviews author Ron Suskind, who has written several books documenting the clandestine activities of the Bush administration. Maddow is most interested in the recent release of the Senate Armed Services Committee report documenting the use of torture against prisoners in US custody (see April 16, 2009 and April 21, 2009). Suskind notes that there were two separate but parallel tracks being followed in the administration, authorizing both the military and the CIA to torture prisoners. He believes the administration’s underlying motive was to find, or create through false confessions, a link between Iraq and al-Qaeda that would justify the invasion of Iraq. Suskind tells Maddow: “What’s fascinating here is that if you run the timelines side by side, you see for the first time… that the key thing being sent down by the policymakers, by the White House, is ‘Find a link between Saddam [Hussein] and al-Qaeda, so that we can essentially link Saddam to the 9/11 attacks and then march into Iraq with the anger of 9/11 behind us.’ That was the goal and was being passed down as the directive.… It’s often called ‘the requirement’ inside the CIA, for both agents with their sources and interrogators with their captives: ‘Here’s what we’re interested in, here’s what we, the duly elected leaders want to hear about. Tell us what you can find.’ What’s fascinating, is in the Senate report, is finally, clear confirmation that that specific thing was driving many of the activities, and, mind you, the frustration inside of the White House… as frustration built inside of the White House that there was no link that was established, because the CIA told the White House from the very start that there is no Saddam to al-Qaeda link—‘We checked it out, we did it every which way, sorry’—the White House simply wouldn’t take no for an answer, and it went with another method: torture was the method. ‘Get me a confession, I don’t care how you do it.’ And that bled all the way through the government, both on the CIA side and the Army side.” Suskind notes that the “impetus was not to foil potential al-Qaeda attacks. The impetus here was largely political and diplomatic. The White House had a political/diplomatic problem. It wanted it solved in the run up to the war.” [Huffington Post, 4/22/2009; MSNBC, 4/22/2009]

Entity Tags: Bush administration (43), Al-Qaeda, Rachel Maddow, Saddam Hussein, Ron Suskind, Senate Armed Services Committee, Central Intelligence Agency

Category Tags: Criticisms of US, High-level Decisions and Actions, Reports/Investigations, Media

New York Times editor Clark Hoyt, in a column entitled “Telling the Brutal Truth,” writes of the lengthy discussions among Times editors and staffers on using the term “torture” in their reports and editorials. Hoyt writes that the term is not used in news reports, though it is in editorials. “Until this month,” he writes, “what the Bush administration called ‘enhanced’ interrogation techniques were ‘harsh’ techniques in the news pages of the Times. Increasingly, they are ‘brutal.’” He characterizes the decision to use, or not use, the word “torture” as an example of “the linguistic minefields that journalists navigate every day in the quest to describe the world accurately and fairly.” He notes that the final decision—to rely on the adjective “brutal”—“displeas[es] some who think ‘brutal’ is just a timid euphemism for torture [as well as] their opponents who think ‘brutal’ is too loaded.”
Reader Criticism - Hoyt notes that some readers have criticized the Times for its lack of “backbone” in not using the term “torture” in its reporting, with one writing that by refusing to use the term, “you perpetuate the fantasy that calling a thing by something other than its name will change the thing itself.” Others say that even using the word “brutal” is “outrageously biased.”
'Harsh' Not Accurately Descriptive - Hoyt notes that in the process of editing an April 10 news report on the CIA’s closing of its network of secret overseas prisons (see April 10, 2009), reporter Scott Shane and editor Douglas Jehl debated over the wording of the first paragraph. Jehl had written that the interrogation methods used in the prisons were “widely denounced as illegal torture,” a phrase Jehl changed to “harshest interrogation methods.” Shane argued that the term “harshest” was not strong enough, and the two agreed to use the word “brutal.” After reading the recently released Justice Department torture memos (see April 16, 2009), managing editor Jill Abramson said a new and stronger term needed to be used. “Harsh sounded like the way I talked to my kids when they were teenagers and told them I was going to take the car keys away,” she says. She, too, came down in favor of “brutal” after conferring with legal experts and Washington bureau chief Dean Baquet. But senior editors have all agreed that the word torture will not be used except in quoting others’ descriptions of the methods. “I have resisted using torture without qualification or to describe all the techniques,” Jehl says. “Exactly what constitutes torture continues to be a matter of debate and hasn’t been resolved by a court. This president and this attorney general say waterboarding is torture, but the previous president and attorney general said it is not. On what basis should a newspaper render its own verdict, short of charges being filed or a legal judgment rendered?” [New York Times, 4/25/2009]
Accusation of Bias, Semantic Games - Media critic Brad Jacobson accuses Hoyt and the Times staff of engaging in meaningless semantic wordplay instead of labeling torture as what it is, and notes that Hoyt seems to admit that public opinion, not journalistic standards, has determined what terms the Times will and will not use. Jacobson writes: “1) If the Times called techniques such as waterboarding torture in its reporting, which it should based on US and international law, legal experts, historians, military judges, combat veterans, and human rights organizations, and described, however briefly, what that torture entailed, then the use of modifying adjectives such as ‘harsh’ or ‘brutal’ would not only be superfluous but, in a news story, better left out; and 2) isn’t the Times (along with any news outlet that has failed to report these acts as torture) directly responsible in some way for inspiring the kind of response it received from readers [who objected to the term ‘brutal’]? If readers are not provided the facts—a) waterboarding is torture and b) torture is illegal—while Times editors are simultaneously ascribing arbitrary descriptors to it like ‘brutal’ or ‘harsh,’ then the Times is not only denying its readers the necessary information to understand the issue but this denial may also lead directly to accusations of bias.” He also notes that Jehl censored Shane’s story to eliminate the reference to the methods being “widely denounced as illegal torture,” and asks why Abramson discussed the matter with legal experts rather than determining if waterboarding, physical assaults, and other techniques do indeed qualify as torture under the Geneva Conventions, the Convention Against Torture (see October 21, 1994), and other binding laws and treaties. [Raw Story, 4/26/2009]

Entity Tags: Douglas Jehl, Central Intelligence Agency, Brad Jacobson, Clark Hoyt, Dean Baquet, Scott Shane, Convention Against Torture, Jill Abramson, Geneva Conventions, US Department of Justice, New York Times

Category Tags: Media

Der Spiegel reports new evidence proving that the CIA ran a secret prison in Poland and tortured prisoners there. The prison is identified as the Polish military airbase of Stare Kiejkuty, about an hour’s drive north of the Szymany military airbase. One of the most well-known of the “high-value” prisoners kept there was accused 9/11 plotter Khalid Shaikh Mohammed, who was tortured (see March 7 - Mid-April, 2003) and waterboarded (see After March 7, 2003) in the facility. A Gulfstream N379P jet, known to Polish investigators as the “torture taxi,” landed at least five times at Szymany between February and July 2003. According to Der Spiegel, “Flight routes were manipulated and falsified for this purpose and, with the knowledge of the Polish government, the European aviation safety agency Eurocontrol was deliberately deceived.” A witness told the public prosecutor’s office in Warsaw of seeing people wearing handcuffs and blindfolds being led from the aircraft at Szymany, far from the control tower. The witness said it was always the same individuals and the same civilian vehicles that stood waiting on the landing field. Mohammed told delegates from the International Committee of the Red Cross (ICRC) that most of the group at the airfield wore ski masks, presumably to avoid being identified. “On arrival the transfer from the airport to the next place of detention took about one hour,” he told the ICRC. “I was transported sitting on the floor of a vehicle. I could see at one point that there was snow on the ground. Everybody was wearing black, with masks and army boots, like Planet-X people.” Robert Majewski, the Warsaw public prosecutor who took the witness statement cited above, has been investigating former Polish Prime Minister Leszek Miller’s government on allegations of abuse of office. One of the issues surrounding the Miller administration is its alleged secret cooperation with the CIA, and its alleged granting of free rein to the agency over the Stare Kiejkuty military base for its extraterritorial rendition program and torture interrogations. Majewski is also investigating whether the Polish intelligence agency, WSI, made 20 of its agents available to the CIA. Recently, two Polish journalists, Mariusz Kowalewski and Adam Krzykowski, have discovered flight record books from Szymany that had been declared lost. Based on these documents, and on a number of interviews with sources, the two journalists have put together a patchwork of evidence pointing to the CIA’s use of Stare Kiejkuty for secret rendition and torture purposes. They say that they lack a final piece of proof—that CIA interrogator Deuce Martinez, one of the primary interrogators of Mohammed, was in Poland at the time of Mohammed’s detention in Stare Kiejkuty. Rumors abound of Martinez’s presence, but Kowalewski and Krzykowski lack the evidence to prove it. Much of Kowalewski and Krzykowski’s reporting has been confirmed by a 2007 investigation conducted by the special investigator for the Council of Europe, Dick Marty. A WSI official told the Marty investigators, “The order to give the CIA everything they needed came from the very top, from the president,” meaning former President Aleksander Kwasniewski, who denies the allegation. The CIA has always denied any knowledge of, or involvement with, such a facility. [Der Spiegel (Hamburg), 4/27/2009]

Entity Tags: Khalid Shaikh Mohammed, Der Spiegel, Central Intelligence Agency, Aleksander Kwasniewski, Adam Krzykowski, Deuce Martinez, International Committee of the Red Cross, Dick Marty, Robert Majewski, Leszek Miller, Mariusz Kowalewski, Eurocontrol, Stare Kiejkuty, Wojskowe Sluzby Informacyjne

Category Tags: Key Events, Coverup, Detainments, High-level Decisions and Actions, Indications of Abuse, Media, Extraordinary Rendition, Ghost Detainees, Stare Kiejkuty (Poland), Khalid Shaikh Mohammed

Journalist Steve Benen notes that former President Bush promised that any American who performed torture on prisoners would be prosecuted (see May 5, 2004). In light of Bush’s statement, Benen writes: “‘Full investigation.’ We want to know ‘the truth.’ We believe in ‘justice.’ ‘We act’ in response to allegations of torture. We’re transparent and discuss developments ‘with the media.’ To fail to answer questions is to act like a ‘dictatorship.’ It seems to me if Democrats are looking for an excuse to do the right thing, they don’t have to say much more than, ‘We’re doing what Bush told us to do.’” [Washington Monthly, 4/27/2009]

Entity Tags: Steve Benen, George W. Bush

Category Tags: Criticisms of US, Media

Chicago Tribune columnist Steve Chapman writes that torture supporters have a far simpler reason for their support than is usually discussed in the media or on Capitol Hill: a fundamental desire for vengeance. Chapman writes that the arguments he has heard “show no regrets or reservations,” and instead summon a variety of justifications: the terrorists do worse than US interrogators do to their captives, saving American lives is more important than respecting the rights of terrorists, etc. “Far from recognizing the need for safeguards and limits on such techniques, they would give the government a free hand to do whatever it chooses,” he writes. But the underlying rationale is far more basic, Chapman writes: “The support stems mainly not from desire to get answers but the urge to inflict pain on people we find vile. Its advocates make it obvious that this cruelty is not an unfortunate byproduct but a positive attribute. That’s why so many people endorse inhumane methods while disregarding any evidence that suggests it is ineffective. Their hatred of our enemies has made them indifferent to civilized norms. They want to see our enemies suffer hideously regardless of whether that enhances or degrades our security. The point of torture is torture. It is not a means to an end. It is the end itself.” [Chicago Tribune, 4/27/2009]

Entity Tags: Steve Chapman

Category Tags: Criticisms of US, Media

In an interview on CBS’s Face the Nation, former Vice President Dick Cheney acknowledges that President Bush knew of the torture program as performed under his administration. However, he again says that in his view the practices employed by the US on enemy detainees did not constitute torture (see December 15, 2008). He also reiterates earlier claims that by dismantling Bush-era policies on torture and warrantless wiretapping, the Obama administration is making the country more vulnerable to terrorist attacks (see January 22, 2009, January 22, 2009, January 23, 2009, February 2009, March 17, 2009, March 29, 2009, April 20, 2009, April 21, 2009, April 22, 2009, April 22, 2009, April 22, 2009, April 23, 2009, and April 26, 2009), and reiterates his claim that classified documents will prove that torture was effective in producing actionable intelligence (see April 20, 2009).
Claims Documents Prove Efficacy of Torture - Cheney says: “One of the things that I did six weeks ago was I made a request that two memos that I personally know of, written by the CIA, that lay out the successes of those policies and point out in considerable detail all of—all that we were able to achieve by virtue of those policies, that those memos be released, be made public (see April 22, 2009). The administration has released legal opinions out of the Office of Legal Counsel. They don’t have any qualms at all about putting things out that can be used to be critical of the Bush administration policies. But when you’ve got memos out there that show precisely how much was achieved and how lives were saved as a result of these policies, they won’t release those. At least, they haven’t yet.” Host Bob Schieffer notes that Attorney General Eric Holder has denied any knowledge of such documents, and that other administration officials have said that torture provided little useful information. Cheney responds: “I say they did. Four former directors of the Central Intelligence Agency say they did, bipartisan basis. Release the memos. And we can look and see for yourself what was produced.” Cheney says the memos specifically discuss “different attack planning that was under way and how it was stopped. It talks [sic] about how the volume of intelligence reports that were produced from that.… What it shows is that overwhelmingly, the process we had in place produced from certain key individuals, such as Khalid Shaikh Mohammed and Abu Zubaida (see After March 7, 2003), two of the three who were waterboarded.… Once we went through that process, he [Mohammed] produced vast quantities of invaluable information about al-Qaeda” (see August 6, 2007). Opponents of Bush torture policies, Cheney says, are “prepared to sacrifice American lives rather than run an intelligent interrogation program that would provide us the information we need to protect America.”
Bush Knew of Torture Program - Cheney also acknowledges that then-President Bush knew of the torture program, saying: “I certainly, yes, have every reason to believe he knew—he knew a great deal about the program. He basically authorized it. I mean, this was a presidential-level decision. And the decision went to the president. He signed off on it.” Cheney concludes by saying that he would be willing to testify before Congress concerning the torture program and his administration’s handling of its war on terror, though he refuses to commit to testifying under oath. [Congressional Quarterly, 5/10/2009; CBS News, 5/10/2009 pdf file]

Entity Tags: Khalid Shaikh Mohammed, Abu Zubaida, George W. Bush, Obama administration, Richard (“Dick”) Cheney

Category Tags: High-level Decisions and Actions, Impunity, Media, Statements/Writings about Torture

Former Vice President Dick Cheney releases a statement that asserts the just-released CIA inspector general’s report (see August 24, 2009) proves that torture, which he refers to as “enhanced interrogation techniques,” works, and follows up with an attack on the Obama administration’s commitment to protecting the nation. Cheney writes: “The documents released Monday clearly demonstrate that the individuals subjected to enhanced interrogation techniques provided the bulk of intelligence we gained about al-Qaeda. This intelligence saved lives and prevented terrorist attacks. These detainees also, according to the documents, played a role in nearly every capture of al-Qaeda members and associates since 2002. The activities of the CIA in carrying out the policies of the Bush administration were directly responsible for defeating all efforts by al-Qaeda to launch further mass casualty attacks against the United States. The people involved deserve our gratitude. They do not deserve to be the targets of political investigations or prosecutions. President Obama’s decision to allow the Justice Department to investigate and possibly prosecute CIA personnel (see First Half of August 2009), and his decision to remove authority for interrogation from the CIA to the White House (see August 24, 2009), serves as a reminder, if any were needed, of why so many Americans have doubts about this administration’s ability to be responsible for our nation’s security.” [Weekly Standard, 8/24/2009; Washington Independent, 8/24/2009] Cheney’s statement is contemporaneous with a similar statement from the Republican National Committee (see August 24, 2009).
Disputing Cheney's Assessment - A Democratic official disputes the assertions, saying that the report provides no basis to conclude that torture was effective in eliciting actionable intelligence, and cites caveats in the body of the report. [Politico, 8/25/2009] And the New York Times notes that the memos “do not refer to any specific interrogation methods and do not assess their effectiveness.” [New York Times, 8/24/2009]
'Silly Semantic Game' - Reporter and columnist Spencer Ackerman notes that the memos seem to suggest that the most useful intelligence came from traditional intelligence techniques. He writes, “Cheney’s public account of these documents have conflated the difference between information acquired from detainees, which the documents present, and information acquired from detainees through the enhanced interrogation program, which they don’t.” Human rights organizations take a similar line. Gitanjali Gutierrez of the Center for Constitutional Rights says the documents “don’t make the case for torture, they only show that the CIA is able to tailor documents to justify its actions after the fact.” Tom Parker of Amnesty International notes that the memos “are hardly the slam dunk we had been led to expect. There is little or no supporting evidence in either memo to give substance to the specific claims about impending attacks made by Khalid Shaikh Mohammed in highly coercive circumstances.” [Washington Independent, 8/24/2009; TPM Muckraker, 8/25/2009] Reporter Zachary Roth calls Cheney’s claim a “silly semantic game.” While it is true that the US gained actionable intelligence from detainees who were tortured, Roth observes, “it’s totally different from Cheney’s earlier claim—that the documents would show it was the EITs themselves that elicited the information.” [TPM Muckraker, 8/25/2009]

Entity Tags: Barack Obama, Bush administration (43), Obama administration, Central Intelligence Agency, New York Times, Gitanjali Gutierrez, Al-Qaeda, Khalid Shaikh Mohammed, Zachary Roth, Republican National Committee, Richard (“Dick”) Cheney, Tom Parker, Spencer Ackerman

Category Tags: Media, Public Statements

Former CIA case officer Robert Baer, now an author and a columnist for Time.com, tells MSNBC host Alison Stewart that former Vice President Dick Cheney is wrong when he says just-released CIA documents prove that “enhanced interrogation techniques”—torture—works (see August 24, 2009). Baer says: “I’ve looked to the documents and there is no evidence that torture led to the disclosure of imminent attacks, ‘the ticking bomb,’ as they call it. There’s just no evidence there.… [W]hat Cheney said and what’s come out in these documents don’t prove anything at all.” Baer goes on to say that he has never seen torture work: “I’ve spent 21 years in the CIA. It isn’t—and watched other countries use torture and it never worked. In fact, there was a rule, a very fixed rule in the CIA—don’t accept tortured information because it’s unreliable. And that was across the board. It went from China to Zimbabwe to every country in the world. It’s unreliable.” The CIA was never equipped to perform torture, or what Baer “nicely” calls “hostile intelligence,” in the first place. The agency, Baer says, is “filled with liberal arts majors who go out and collect intelligence without coercion. So 9/11 comes along. The White House is desperate to do something. It turns to the CIA.… So, guys, like you and me, will go out and then all we know about torture is we watch “24”, and suddenly, these guys are put on the line and they improvise and they use mock executions. They threaten mothers and children and the rest of it. And it looks like the amateur hour because it is the amateur hour. This is not the role of the CIA to do abusive interrogations. I mean, if anybody should be doing them, it should be the military or the FBI.” Baer supports the release of the memos because, he says, “I’m afraid we’re going to be attacked again and everybody’s going to say, you know, under this administration, maybe and say, they do something, we have to start going back to torture. What we need to know is, was it really useful or wasn’t it? And no one’s answered that question in spite of what Vice President Cheney says.” [MSNBC, 8/26/2009]

Entity Tags: Robert Baer, Alison Stewart, Richard (“Dick”) Cheney, Central Intelligence Agency

Category Tags: Media, Reports/Investigations, Statements/Writings about Torture

Eric Bolling, the host of the Fox Business Channel talk show Follow The Money, reads a list of people his viewers say they want waterboarded. The list includes President Obama. Bolling is doing a segment on his viewers’ reaction to the death of Osama bin Laden (see May 2, 2011), and insists, despite claims from Obama administration members and informed outsiders, that bin Laden was located “through waterboarding, simple as that” (see Autumn 2003, August 6, 2007, December 2-4, 2008, December 11, 2008, and March 29, 2009). (Later in the segment, some of his guests dispute that claim.) Bolling says he asked viewers who they wanted to see waterboarded. The respondents, through Facebook, named, among others: “Senate Dems… and then Obama… then the kooks on [the ABC morning talk show] ‘The View,’ starting with Joy” Behar; “Alan Colmes… [t]he secrets of the left-wing cabal will come pouring out of that boy”; “[m]y ex-wife!”; progressive talk show hosts Keith Olbermann and Rachel Maddow; and the far-right, virulently anti-gay Westboro Baptist Church. Bolling concludes the segment with some jocularity with his guests, and jokingly offers to be waterboarded himself. [Media Matters, 5/5/2011]

Entity Tags: Keith Olbermann, Barack Obama, Alan Colmes, Eric Bolling, Obama administration, Fox Business Channel, Westboro Baptist Church, Rachel Maddow, Osama bin Laden, Joy Behar

Timeline Tags: Domestic Propaganda

Category Tags: Media, Waterboarding

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Categories

Key Events

Key Events (98)

General Topic Areas

Abu Ghraib Scandal Aftermath (28)Coverup (144)Criticisms of US (171)Detainee Treatment Act (15)Detainments (121)Disciplinary Actions (17)High-level Decisions and Actions (450)Human Rights Groups (81)Impunity (49)Indefinite Detention (41)Independent Investigations (27)Indications of Abuse (61)Legal Proceedings (217)Media (77)Military Commissions / Tribunals (66)Other Events (20)Prisoner Deaths (48)Private Contractors (8)Public Statements (84)Reports/Investigations (144)Statements/Writings about Torture (129)Supreme Court Decisions (5)

Renditions

Extraordinary Rendition (24)Rendition after 9/11 (75)Rendition before 9/11 (34)

Types of Abuses Performed by US

Abrogation of Rights (37)Dangerous Conditions (18)Deception (5)Electrodes (9)Exposure to Insects (4)Extreme Temperatures (48)Forced Confessions (37)Ghost Detainees (28)Insufficient Food (25)Intimidation/Threats (44)Involuntary Drugs (14)Isolation (33)Medical Services Denied (14)Mental Abuse (21)Physical Assault (140)Poor Conditions (30)SERE Techniques (30)Sexual Humiliation (57)Sexual Temptation (3)Sleep Deprivation (74)Stress Positions (65)Suppression of Religious Expression (18)Use of Dogs (20)Waterboarding (92)

Documents

Internal Memos/Reports (95)Presidential Directives (8)

Specific Events or Operations

Destruction of CIA Tapes (94)Operation Copper Green (9)Qala-i-Janghi Massacre (17)

US Bases and Interrogation Centers

Abu Ghraib Prison (Iraq) (187)Al Jafr Prison (Jordan) (8)Al Qaim (Iraq) (6)Bagram (Afghanistan) (60)Camp Bucca (Iraq) (13)Camp Cropper (Iraq) (13)Diego Garcia (8)Gardez (Afghanistan) (7)Guantanamo (US Base in Cuba) (293)Kandahar (Afghanistan) (19)Salt Pit (Afghanistan) (34)Stare Kiejkuty (Poland) (21)US Base (Thailand) (15)USS Peleliu (7)Other US Bases and Centers (40)

High Ranking Detainees

Abd al-Rahim al-Nashiri (32)Abu Zubaida (52)Ahmed Khalfan Ghailani (6)Ali Saleh Kahlah al-Marri (26)Hambali (9)Ibn al-Shaykh al-Libi (10)Khalid Shaikh Mohammed (34)Majid Khan (7)Ramzi bin al-Shibh (13)Other High Ranking Detainees (14)

Other Detainees

Abed Hamed Mowhoush (8)Asif Iqbal (20)Binyam Mohamed (14)Bisher al-Rawi (11)Hassan Mustafa Osama Nasr (37)Huda al-Azzawi (10)Jamal Udeen (10)Jamil al-Banna (9)John Walker Lindh (29)Jose Padilla (31)Khalid el-Masri (17)Maher Arar (14)Moazzam Begg (8)Mohamed al-Khatani (13)Mohammed Jawad (14)Rhuhel Ahmed (22)Saddam Salah al-Rawi (8)Salim Ahmed Hamdan (12)Shafiq Rasul (20)Tarek Dergoul (11)Yaser Esam Hamdi (22)Other Detainees (167)
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