First of all, Dick Cheney has all sorts of nerve purporting to speak in defense of the CIA. His administration outed a senior CIA operative, Valerie Plame, in retaliation for her husband, Ambassador Joseph Wilson, exercising his freedom of speech (because he exercised it to criticize the Bush administration’s lie-filled, one-way propaganda train to the Iraq war).
Second, CIA interrogators themselves have said that they believed that Cheney’s torture policy put individual CIA personnel in legal jeopardy. As Greg Sargent has pointed out, on page 94 of the recently released Inspector General’s report, we learn the following:
“During the course of this Review, a number of Agency officers expressed unsolicited concern about the possibility of recrimination or legal action resulting from their participation in the CTC program….One officer expressed concern that one day, Agency officers will wind up on some “wanted list” to appear before the World Court for war crimes…”
This is not even to mention, in a broader sense, the risk to any US personnel that possibly ended up in “enemy” hands where captors of US prisoners could justify their own acts of torture by pointing to US tactics. Read the rest of this entry »
Last week we reported on the testimony to Congress of Philip Zelikow (pictured), the former State Department officer, on the “enhanced interrogation” programmes of the Bush Administration: “The administration was reserving the right to inflict treatment that might violate the so-called ‘CID’ standard…’cruel, inhuman, or degrading’.”
In that testimony, and in other public statements, Zelikow referred to “an unclassified paper prepared with [State Department Legal Adviser John] Bellinger’s help and circulated in July 2005″. The memorandum had not been made public, but the Federation of American Scientists has now obtained a copy.
Zelikow and Bellinger argue, “We do not adopt legal standards in our behavior as a favor to terrorists. We do it for ourselves, and to be able to exemplify the values that distinguish us from the terrorists.” However, their recommendations are far from a prohibition of “enhanced interrogation”, merely a search for whether it can effectively regulated and administered. Read the rest of this entry »
Ironically, as President Obama was trying to tuck away any more photographs revealing the US Government’s torture of detainees, former Bush Administration official Philip Zelikow was dissecting the legal and political cover for “enhanced interrogations” in testimony to a Senate committee. He reiterated that the techniques was approved at the highest levels of the Bush White House, including by his immediate boss, Condoleezza Rice, and that his memorandum objecting to the torture (still classified by the US Government) was blocked by other Bush officials. And he offered this pertinent point: if the torture methods were considered legal in their application against “foreign” detainees, then they would also be legal in application against US citizens.
C-SPAN has decided to charge $60 for the videos of the hearings before the Senate committee, which also included testimony by Ali Soufan (posted in a separate entry), the FBI agent who questioned 9-11 planner Khalid Sheikh Mohammed. So we offer two videos — a summary of the Soufan and Zelikow testimonies and Zelikow’s interview with Rachel Maddow — and the transcript of Zelkow’s statement:
Richard Armitage is neither a lefty nor a softie. He has served in the CIA, military special forces, and Department of Defense, and in the Bush White House, he was Deputy Secretary of State to Colin Powell. On the day after 9-11, he personally laid out the seven-point ultimatum to the head of the Pakistani intelligence services: comply with our campaign or the US is coming after your country.
So when Armitage tells Al Jazeera that he should have resigned over the Bush Administration’s treatment of prisoners of war, this is not the regret of an official who was opposed to the campaign against Al Qa’eda and international terrorism. And when he says for the record that, yes, detainees were tortured by waterboarding, this is a statement for the record rather than party-politics criticism.
This short clip is another sad far-from-footnote in the record of how a US Government tore up international law such as the Geneva Conventions and any meaningful ethical standards in the name of a “War on Terror”. Armitage and Powell were out-manoeuvred by a Vice President’s office and Department of Defense intent on claiming an unchallenged Executive authority beyond law or public accountability. (What Armitage does not mention in this clip is the awful irony that those same officials would walk away from the battle with Al Qa’eda to pursue war in Iraq.)
Yet, lest anyone make out Richard Armitage to be a valiant hero in a sordid saga, it should be noted that he is eager to avoid any culpability in torture — as he did not know about waterboarding — and equally happy to throw blame on members of Congress.
The Obama Administration has been trying to hold the line against any punishment of the Bushmen for their actions, and the “Truth Commission” proposal of Senator Patrick Leahy is unlikely to become reality. Overseas, however, the battle is not yet done:
“A Spanish court has taken the first steps toward opening a criminal investigation into allegations that six former high-level Bush administration officials violated international law by providing the legal framework to justify the torture of prisoners at Guantánamo Bay, Cuba, an official close to the case said.”
The magistrate who ordered the enquiry is Baltasar Garzon, best known for his crusading arrest of Chilean dictator Augusto Pinochet. Those named in the complaint include former Attorney General Alberto Gonzales, Vice President Dick Cheney’s chief of staff strategist, David Addington, ; Jay S. Bybee, Mr. Yoo’s former boss at the Justice Department’s Office of Legal Counsel; and David S. Addington, who was the chief of staff and legal adviser to Vice President Dick Cheney. the Bush Administration’s favourite twisters of the law, John Yoo and Jay Bybee, and former Undersecretary of Defense for Policy Douglas Feith, and Department of Defense counsel William J. Haynes.
The New York Times, which has a copy of the 98-page complaint, says it is based on the Geneva Conventions and the 1984 Convention Against Torture. The case was prepared by Spanish lawyers, with help from experts in the United States and Europe, and filed by a Spanish human rights group, the Association for the Dignity of Prisoners.
Any arrest warrants are still months away and, as American legal experts quickly noted, they will be largely symbolic: it is unlikely that the Obama Administration would grant an extradition request from Spain. Still, the warrants would raise the prospect that any of the six men could be arrested and detained if they travelled abroad.
UPDATE: Noah Feldman has written in The New York Times echoing the concerns set out by Andy Worthington below: “The Obama lawyers have not abandoned the argument for broad presidential power, just implied that such authority is unnecessary to get them what they want.”
I was a bit unsettled by the implication that this was a fundamental change in the US approach to detainees, given the Justice Department’s maintenance of the Bush Administration line in other cases in the War on Terror. The change in term so that “individuals who supported al Qaeda or the Taliban are detainable only if the support was substantial” appeared to be more of a shift in legal approach rather than a fundamental review of detention policy. It’s not a scrapping of the Bush system but a more palatable face for it.
Changing the names of things was a ploy that was used by the Bush administration in an attempt to justify some of its least palatable activities. In response to the 9/11 attacks, for instance, the nation was not involved in a limited pursuit of a group of criminals responsible for the attacks, but instead embarked on an open-ended “war on terror.” Read the rest of this entry »
In recent months, there have been a series of revelations from former US interrogators and guards. “Matthew Alexander”, a senior interrogator in Iraq, wrote a book and did a series of public appearances taking apart the notion of “effective” torture. Christopher Arendt, a guard at Guantanamo, has been on a speaking tour with former Guantanamo detainees.
Now another Guantanamo guard, Brandon Neely (pictured), is about to rock the media with his account of the camp. In graphic testimony (reprinted below), Neely reveals a system in which untrained and undisciplined guards beat up and abused detainees. None were ever reprimanded. Read the rest of this entry »
In the run-up to the 44th President of the USA, there was a good deal of black comedy in the desperation of some to prevent the 43rd from taking his place in oblivion. From Karl Rove, who may just have been trying to sweep up around his own place in our memories, to Charles Krauthammer, who helped sell the notion of the “unipolar moment” that assisted the Bush Administration in its failed ambitions, to Andrew Roberts, who clung to dreams of American Empire, to Bruce Anderson, who bellowed, “History Will Vindicate Bush”, to former Dubya speechwriters, the chant went up: One Day You’ll Be Grateful for All He Did.
So, in that spirit, we’re pleased to re-print, from AlterNet, Bernie Horn’s Top10 Reasons to Remember Dubya.
So Long Worst President Ever; 10 Reasons History Will Hang You
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Last week we reported on the testimony to Congress of Philip Zelikow (pictured), the former State Department officer, on the “enhanced interrogation” programmes of the Bush Administration: “The administration was reserving the right to inflict treatment that might violate the so-called ‘CID’ standard…’cruel, inhuman, or degrading’.”
The Obama Administration has been trying to hold the line against any punishment of the Bushmen for their actions, and the “Truth Commission” proposal of Senator Patrick Leahy is unlikely to become reality. Overseas, however,
The magistrate who ordered the enquiry is Baltasar Garzon, best known for his crusading arrest of Chilean dictator Augusto Pinochet. 
UPDATE: 
In recent months, there have been a series of revelations from former US interrogators and guards. “Matthew Alexander”, a senior interrogator in Iraq, 
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