Archive for July 18th, 2008

Democracy Now! Jane Mayer on psychologists and torture

Amy Goodman interviewed Jane Mayer about her new book, The Dark Side, today on Democracy Now! today. About a third of the interview was devoted to the role of psychologists in designing and implementing the Bush administration torture program. I post that portion her. [You can read/listen/watch/download the entire interview here.]”

AMY GOODMAN: Our guest for the hour is Jane Mayer. She is author of the book The Dark Side: The Inside Story of How the War on Terror Turned Into a War on American Ideals. Talk about the title, The Dark Side.

JANE MAYER: Well, as we all know, September 11th was a sea change. Everybody says everything changed after that. And it did, but I think one of the most important changes that the country hasn’t really thought about is America became a country that, for the first time in its history, endorsed what is torture in all but name. And since then, it changed, I think, from a war for the country’s security, the war on terror, to a battle for the country’s soul. And we have to really think about whether or not this is what kind of country we want to be.

AMY GOODMAN: You were talking about Abu Zubaydah. Let’s talk about the psychologists involved in his interrogation.

JANE MAYER: Well, they were the ones who showed up there, right by Abu Zubaydah’s side.

AMY GOODMAN: Where?

JANE MAYER: In—well, it’s in an undisclosed location, where Abu Zubaydah was being held by the CIA. Suddenly, a psychologist showed up. And the FBI’s reaction was, “Who is this person?” His name is James Mitchell. He is a contractor to the CIA, a contract interrogator or adviser to the interrogation program. And he started talking about how there were these psychological theories that would help break down the detainees.

And the theories he talked about were experiments with dogs, in which dogs were put in cages and electrocuted and in a random way that completely broke their will to resist. It’s a theory called “learned helplessness,” and it springs from experiments done in the 1970s by a very famous psychologist in America named Martin Seligman, who actually went to lecture at the—a bunch of SERE—people who were involved with the CIA’s program, including this psychologist, James Mitchell. So, James Mitchell and a partner, Bruce Jessen, became advisers to the CIA’s interrogation program.

I think, to step back, what you need to know is that the CIA had no experience really in interrogating prisoners. They had never really held prisoners before. And so, they really had no idea how to go about getting information out of people. So they turned to an incredibly strange place, which is a secret program inside the military that had studied torture, and it had studied torture in order to teach our own soldiers how to survive it if they were ever taken captive by some kind of completely immoral regime. Because they understood torture, the CIA turned to them and said, “Well, so how do you do it?” And basically they reverse-engineered this program in the most ironic way, and what became a program that was defensive became instead a—it was like a blueprint for torture. It was, you know, a rulebook.

And I actually got into this story, because in researching this subject, I started with a question, wondering why is it that all around the world we’re seeing the same really strange kind of mistreatment of prisoners. Is this the work just of freelancing American soldiers? Why do they all have hoods? Why are they shackled in the same stress positions? Why are they being bombarded with these sounds so that their ear drums are, you know, splitting? And why are they being kept up day after day and, you know, exposed to heat and cold and all these things that were particularly odd-seeming? And they were cropping up in Iraq. They were cropping up in Guantanamo and in Afghanistan.

And so, I just went into it without knowing any of the answers and just asking, you know, is there a rulebook to this thing? Is there a curriculum? And, in fact, it turned out there was a curriculum, and the curriculum is from this secret program in the military. It’s known as the SERE program, and the CIA consulted with the SERE program to figure out how to get its methods. And these psychologists that you’re talking about were the ones who basically became the experts in it.

AMY GOODMAN: What was, for example, James Mitchell’s background?

JANE MAYER: He was an instructor. He’s now—he’s a psychologist who oversaw this training program. He had never been an interrogator. He had no background in Islamic fundamentalism. I mean, one of the FBI officers, as they were struggling over what to do with Abu Zubaydah, said, you know, “Do you know anything about Islamic radicals? Do you speak Arabic? Have you got any background in this area?” And he didn’t.

But he felt that because—and I’ve actually talked to Mitchell. He’s a great believer in “Science is science,” as he says, and so he used what he thought was good science, which were experiments that had been done on dogs, to apply them to ways to break down human detainees.

AMY GOODMAN: Alright, let’s go to the—

JANE MAYER: Can I just—wait, Amy. I’ve got to just say one thing, so we don’t wander into some kind of legal problem. A lawyer for Mitchell says that these were not his theories at all and that he never meant to apply them this way. That is absolutely not what colleagues of his have said, and I cite them by name in the book.

AMY GOODMAN: Who?

JANE MAYER: Steve Kleinman, who is a colonel in the Army, and he worked at the SERE program, and he said that James Mitchell would speak continually about using this “learned helplessness” model.

AMY GOODMAN: Let’s go to this “learned helplessness” model.

JANE MAYER: OK.

AMY GOODMAN: Talk about the former president of the American Psychological Association, Martin Seligman.

JANE MAYER: OK. Again, and here we have to be careful, but Martin Seligman is one of the most eminent psychologists in America. He teaches at Penn, and—

AMY GOODMAN: University of Pennsylvania.

JANE MAYER: University of Pennsylvania, sorry. And he was the former head of the American Psychological Association, the organization of professional psychologists. And so, very, very prominent man.

He was called in shortly after Abu Zubaydah was captured and handed over to the CIA. He was called in to give a lecture, mysterious still exactly what kind of lecture it was. But he spoke for three hours. I talked to him about it by email.

AMY GOODMAN: To whom?

JANE MAYER: I talked to Martin—who the lecture was to? The lecture was to CIA officers, including these psychologists. Both Bruce Jessen and James Mitchell were in the audience. And it took place at the SERE school in San Diego, which is where, again, this unusual program existed.

AMY GOODMAN: Survival, Evasion—

JANE MAYER: Evasion, Resistance, Escape. It’s a program that has sort of kept—that has studied torture in order, supposedly, to inoculate the US soldiers against it. But after 9/11, the same techniques started cropping up around the world, being used by US soldiers.

AMY GOODMAN: You talked to Martin Seligman about this?

JANE MAYER: Yes, I did, and—by email. And he acknowledged he gave a lecture for three hours in April to the—at the SERE school. He has added to that recently, mentioning that these two psychologists were in the audience. He has said he never assisted torture, he is against torture, that his experiments were meant to safeguard US soldiers. It may be that he was just innocently misinterpreted by the CIA.

It’s really hard to tell exactly what happened. But what we do know is that his theories began to be cited by these psychologists, who then oversaw the CIA program and started putting Abu Zubaydah, for instance, in a dog cage and also put a dog collar on another detainee and thrust him into the wall with it headfirst. And these were just the beginning of some of the things these people went through.

AMY GOODMAN: We invited Dr. Martin Seligman to join us on the program. His answer was simple: “I am not available.” But he did respond to what you have written, and I want to read what his statement is—

JANE MAYER: OK.

AMY GOODMAN: —that you have also responded to. This is what he has said, not to us specifically, but his statement to Jane Mayer’s book The Dark Side. He said, quote, “The allegation that I ‘provided assistance in the process’ of torture is completely false.

“I gave a three hour lecture sponsored by SERE (the Survival, Evasion, Resistance, Escape branch of the American armed forces) at the San Diego Naval Base in May 2002. My topic was how American troops and American personnel could use what is known about learned helplessness and related findings to resist torture and evade successful interrogation by their captors. I was told then that since I was (and am) a civilian with no security clearance that they could not discuss American methods of interrogation with me. I have not had contact with SERE since that meeting.

“I have not worked under government contract (or any other contract) on any aspect of interrogation or any aspect of torture. Mr. Mitchell and Mr. Jessen were present in the audience of about 50 others at my speech, and that was, to the best of my knowledge, the sum total of my ‘assisting them in the process.’

“I have had no contact at all with the American Psychological Association about their relevant policies. Most importantly, I strongly disapprove of torture and have never and would never provide assistance in its process.”

Your response, Jane Mayer.

JANE MAYER: Well, I have to say, first, that he—it’s not a contradiction of The Dark Side, because the allegation that he, quote-unquote, “assisted torture” comes from a blogger who was reading my book. It’s not actually what I say in the book. The book is—he confirms all of the facts in the book, which are very accurate. It describes the lecture he gave. It describes his relationship with the SERE program exactly as it was. And so, I actually—you know, the one thing I have to say is, he’s not and has not contradicted any of the facts in the book itself. He’s reacting to accounts by bloggers there. I think he’s just basically confirming it, reconfirming it. I have to say, every—

AMY GOODMAN: What did you learn from that response?

JANE MAYER: Well, I mean, what I learned is there are a lot of unanswered questions that I would really like to put to him, but when I did try to question him further, he said he had no further comment. He’s a very—obviously a very erudite and savvy man. What did he think he was doing when he went to talk to the CIA at their confab at the SERE school? How did he know Mitchell and Jessen were in the audience, unless—did he speak to them? Did he know what their role was, in terms of interrogations? You know, there are a lot of things that would be great to know. It’s hard to tell, because he keeps shutting down the conversation when it gets interesting.

AMY GOODMAN: Well, I wanted to go further with the American Psychological Association and a former president. Last year, it was revealed former APA president Joseph Matarazzo is a partner of Mitchell & Jessen, and the New York Times reported the CIA interrogator of Khalid Sheikh Mohammed and Abu Zubaydah, Deuce Martinez, now works for Mitchell and Jessen’s firm in Spokane, Washington.

JANE MAYER: Right. And it’s—this one firm keeps cropping up again and again. You know, Jessen and Mitchell, I guess, are not members of the APA, from what I understand, but the connections to the APA and this program keep popping up again and again. It may—it’s really interesting. It may say something about why the APA has been so reluctant to take a categorical stance, as psychiatrists have, saying there’s no role for this profession in torture or in coercive interrogations.

Let’s put aside the word “torture”, because it’s a semantic game. But the medical profession takes, you know, an oath. The Hippocratic Oath is “do no harm.” And I think it’s the role of medics, nurses, doctors, psychiatrists, psychologists, who keep cropping up in reports that you get from detainees about—they’ll be in a moment of extremis, and suddenly a doctor will appear and certify that it’s OK to keep interrogating them. I think it’s an area that is really ripe for investigation.

AMY GOODMAN: On Democracy Now!, we’ve been covering the issue of psychologists, examining the role of psychologists in developing the Bush administration’s interrogation programs for the past two years. During a debate in 2006, the APA president—the then-APA president, Gerald Koocher, mentioned you by name, Jane Mayer. We talked to him on the telephone. This is what he had to say.

    DR. GERALD KOOCHER: I wish I had the assurance that Jane Mayer and that Dr. Reisner apparently have that there are APA members doing bad things at Guantanamo or elsewhere, because any time I have asked these journalists or other people who are making these assertions for names so that APA could investigate its members who might be allegedly involved in them, no names have ever been forthcoming.

AMY GOODMAN: That was the former APA president, Gerald Koocher. Your response, Jane Mayer?JANE MAYER: Well, I mean, again, obviously, Martin Seligman was the president of the APA, and he had some role here in lecturing those psychologists who went on and designed this program for the CIA. So, I mean, there are all kinds of things that, if they wanted to be vigilant, they could look into at the APA. They seem to have a reluctance to dig beneath the surface.

AMY GOODMAN: Well, last year, Democracy Now! went to the APA annual convention in San Francisco to cover the debate that they were having around the issue of passing a moratorium on involvement in coercive interrogations. I wanted to play one of the statements. It was by Army Colonel Larry James. He was flown up from Guantanamo, the chief psychologist at Guantanamo and member of the APA governing body, to oppose the proposed moratorium on psychologists’ involvement in coercive interrogations.

    COL. LARRY JAMES: Thank God this is a democracy. I actually welcome and support all of the discussion and the debate. That’s why I wear this uniform, because I’m very, very proud of this democracy. So I want to thank Dr. Altman and his colleagues for having the courage to speak out, although I may disagree with many of the things they say. God bless America.

    Number two, torture is wrong. How could anyone disagree with that? So, under no conditions, with myself or any of these psychologists you see here today in the uniforms that they wear representing our country, would ever support anything that allows torture or inhumane treatment.

    Thirdly and lastly, if we remove psychologists from the front, in any capacity whatsoever, innocent people are going to die. Innocent people are going to get hurt. Phil Zombardo told us this was going to happen thirty years ago. And so, in going back through the chronicles of histories, any detention facilities we’ve set up anywhere in the world, when you don’t have psychologists involved in the policy decision makings, when you don’t have psychologists involved in the day-to-day activity, bad things are going to happen, innocent people are going to die.

    UNIDENTIFIED: Dr. James?

    COL. LARRY JAMES: Sorry. Thank you, Madame President.

AMY GOODMAN: That was Colonel Larry James. He was head psychologist at Guantanamo, recently hired as dean at Wright State University in Ohio. Interestingly, right after that, another psychologist got up. Her name was Dr. Laurie Wagner, a Dallas psychologist. And she shot back, “If psychologists have to be there in order to keep detainees from being killed, then those conditions are so horrendous that the only moral and ethical thing to do is to protest by leaving.”JANE MAYER: Well, obviously there are a lot of psychologists who are very defensive about this role, and there’s a reason why. Starting in the summer of 2002, there were psychologists from the SERE program going down to Guantanamo and supervising and advising on the interrogations there, which included the interrogation of Mohammed Qahtani, the so-called twentieth hijacker, who was put through the most unbelievable program of psychological abuse. I don’t really know how anybody could defend it. Some of the transcripts have come out.

He was subjected to fifty-four days of only four hours of sleep a night. He had bags of fluid put into his veins, so that he had to urgently go to the bathroom; they wouldn’t let him get up and go, so he had to urinate on himself. They put, you know, the bra on his head. They made him do dog tricks. They put a birthday hat on his head and sang “God Bless America” to him. I mean, looking at the—they told him to bark like a dog. They told him that he was lower than a dog. I mean, it goes on and on and on. People have to see these transcripts to believe it.

And the fact that there were psychologists who were advising on this program is—if the APA doesn’t think that’s worthy of taking a look at, then I don’t know much about the—I don’t know much about the APA, but it makes me really wonder about it.

AMY GOODMAN: The APA is the largest association of psychologists in the world, almost 150,000 psychologists. How does the APA’s stance on involvement compare to the American Medical Association and the American Psychiatric Association?

JANE MAYER: I mean, ever since World War II, during which the Nazis subverted the medical profession in the most horrendous ways, there have been ethical codes passed about what role doctors should play in this. There’s—doctors are supposed to, first, do no harm, and all scientists are supposed to, first, do no harm. And, you know, I’ve interviewed a number of scientists in this book who say that, you know, in particular, there’s a responsibility for psychologists to use their knowledge in good ways, because they have such skills in understanding people’s psyches, they really understand how to break people down, as well as they do how to fix them up. And, you know, used in the wrong way, it’s a powerful tool to really hurt someone.

AMY GOODMAN: We’re going to go to break, then come back to our guest, Jane Mayer. Her new book is out, The Dark Side: The Inside Story of How the War on Terror Turned Into a War on American Ideals. And if you’d like a copy of today’s show, you can go to our website at democracynow.org. Stay with us.

[Read the rest of the interview here.]

1 comment July 18th, 2008

Whom, and what, to believe?

Jeff Stein puzzles over the dilemma of self-styled victims of the CIA’s MKULTRA program. Such claims seem hard to believe. Yet MKULTRA was real, and current abuses are real:

Self-Described CIA ‘Manchurian Candidates’ Gather to Share Fractured Memories

By Jeff Stein, CQ National Security Editor

A few years ago, I was talking with a Washington psychiatrist, a Harvard Medical School graduate whom I’ve known and respected for more than 20 years. When, for some reason, our past military service came up, I remembered he’d been in the Air Force during the Vietnam War, but couldn’t recall where he’d been stationed.

“At Andrews,” he said, meaning the air base just outside Washington. “Treating PTSD,” he added — post-traumatic stress disorder.

Vietnam combat veterans, I assumed.

“No,” he said. “Russia.”

No way.

But in the late 1960s, my friend insisted, he’d treated men who said they had been dispatched to Siberia on clandestine reconnaissance operations.

Their mission: to hunker down deep in the forests for weeks at a time with telemetry equipment to monitor Soviet ballistic missile tests.

This was sometime in the very early ’60s, supposedly, a brief period between the end of U-2 overflights and the deployment of spy-in-the-sky satellites.

My friend said his patients described training with drugs and other mind-control techniques to perform the mission — then forget them, like the Manchurian Candidate.

But now they were remembering fragments, they told him, giving them terrifying nightmares about things they could not quite believe they had done.

They thought they were losing their minds. So did any loved ones who they dared tell their looney-sounding tunes to.

But this being America, of course, they — and other self-described victims of CIA mind control experiments — formed self-help groups. And for several years, it turns out, they have been holding yearly conferences, like one just outside Hartford, Conn., next month.

“About a hundred” people usually show up, says Neil Brick , coordinator of “The Eleventh Annual Ritual Abuse, Secretive Organizations and Mind Control Conference.”

Brick, 49, told me that he, too, has “recovered memories of being part of experimental situations — being given to people to go on missions” under the CIA’s mind control experiments program, code-named MKULTRA.

MKULTRA did, in fact, exist. It is described in the CIA’s own internal documents, 16,000 pages worth obtained by John Marks for his ground-breaking 1979 book, “The Search for the Manchurian Candidate: The CIA and Mind Control.”

One was an “eyes-only” report on MKULTRA by the CIA’s inspector general, in 1963, which said “there have been major accomplishments both in research and operational employment.”

“Operational employment” would seem to say the zombies were created and dispatched, with great results.
The Truth Is Out There

The late Sidney Gottlieb, who ran MKULTRA , also described the program, which began in the early 1950s and continued at least into the late 1960s, in congressional testimony in 1977.

On the other hand, much remains unknown. CIA Director Richard M. Helms ordered the destruction of boxes upon boxes of documents, including the treatment records of unknown numbers of “patients” agency “doctors” experimented on in psychiatric hospitals (including a wing of Georgetown University Medical Center), and secret locations, including military bases.

So its alledged victims have no records to back up their stories. Books by self-described MKULTRA survivors tend to get thrown into the UFO bin.

Neil Brick grants there’s a stigma that comes from going public with such X-Files-type stories, asking, for example, that I not print his location or occupation.

It’s a conundrum of the first order, isn’t it?

We have extensive documentation of the CIA’s Manchurian Candidate experiments, but when the Manchurian Candidate himself walks up to tell his story, most people shake their heads or laugh.

Brick admits that “some people” attending his past conferences “have psychiatric issues,” but he says he believes “the majority are survivors of MKULTRA.”

For years, of course, the CIA laughed off rumors of drug experiments.

Today, the agency and the Pentagon stoutly deny they have used hallucinogenic and other mind-altering drugs on prisoners at Guantanamo and secret sites elsewhere.

Just as in the 1970s, however, as I wrote in April, evidence to the contrary is mounting.

The Washington Post’s Joby Warrick also tracked down former prisoners at Guantanamo who said their minds were destabilized by repeated drug injections.

Such stories have been told for 40 years now.

Who are you going to believe?

Jeff Stein can be reached at jstein@cq.com.

Add comment July 18th, 2008

Ashcroft: Waterboarding not torture

John Ashcroft defends waterboarding, aka “torture” as not torture:

Add comment July 18th, 2008

Mayer on Seligman

At Andrew Sullivan’s blog Jane Mayer, author of The Dark Side,  responds to Martin Seligman’s denial of involvement in the development of CIA interrogation tactics:

Mayer on Seligman

Professor Seligman’s disavowal actually adds a rather interesting new fact to the story of how the psychology profession played a role in the CIA’s “special” interrogation program. In “The Dark Side,” I established by interviewing him, that he had personally spoken for three hours at the Navy’s SERE School in San Diego, in April of 2002, at a somewhat mysterious confab organized in part by the head of Behavioral Science at the CIA.

This was a pretty crucial moment in the development of America’s secret interrogation and detention program. Abu Zubayda had been captured just weeks before, and the CIA was trying to come up with ways to make him talk. They had no patience for the slow, rapport-building methods used by the FBI, whose role in the case they had just superceded. But what to do?     At this very moment, Professor Seligman, it seems, agreed to participate in what he says was an unexplained private high-level CIA meeting, held on the campus of the part of the Navy that runs a secret program emulating torture – the SERE School in San Diego.

Professor Seligman says he has no idea why he was called in from his academic position in Pennsylvania, to suddenly appear at this CIA event. He just showed up and talked for three hours about how dogs, when exposed to horrible treatment, give up all hope, and become compliant. Why the CIA wanted to know about this at this point, he says he never asked.    But somehow- and this is what is news as far as I know – Professor Seligman does know that in his audience were the two psychologists who soon after became the key advisers to the CIA’s “enhanced” interrogation program: James Mitchell and Bruce Jessen.    So, Professor Seligman, must have had some contact with them, since he knew they were in his audience. Did he speak with them? What did they talk about?
According to sources close to the FBI, around the same time, one of those psychologists, James Mitchell, showed up where Abu Zubayda was being held, and started talking about Dr. Seligman’s theories of “Learned Helplessness” as shedding useful light on how to coerce Zubayda into talking. Specifically, he spoke of Seligman’s dog experiments, in which random electric shocks broke the dogs’ will to resist. An FBI agent was appalled – pointing out they were dealing with humans, not dogs. But Mitchell said it was “good science” for both.

(Mitchell declined to elaborate on the treatment of Abu Zubayda, when I interviewed him, but admitted he admired Seligman’s work on Learned Helplessness. A lawyer for Mitchell later claimed that he had not tried to apply the theory to detainees. But a colleague, Col. Steve Kleinman, who worked in the SERE program, said Mitchell talked all the time about how Learned Helplessness provided the blueprint for interrogating detainees).

So- did Seligman assist the U.S. Torture program? I am careful not to say so in “The Dark Side,”- I just recount the facts of his odd visit to the SERE school. So- he is not denying anything in my book.

But now that he brings all of this up again, it would be nice if he’d answer a few more questions. What exactly did he think he was doing that day in April of 2002 with the CIA? How did he know who Mitchell and Jessen were, and, what role did he think they were playing at that time? Maybe he was as clueless as he says he was. But, why doesn’t he then tell us know what he thinks of his theories being used in this way? Does he renounce Mitchell and Jessen? Does he think they used psychology immorally? He was the head of the APA- has he ever spoken out about this? Has he ever complained to the CIA about what they did with his science? Time for some more information here…instead of non-denial denials…

1 comment July 18th, 2008

Manipulation of Military Commisions system revealed in Jawad case

Mohammed Jawad was captured in Afghanistan at age 16 or 17 and has been helld in extremely harsh conditions at Guantanamo ever since.The US has decided to put him on trial forwar crimes for allegedly throwing a grendae which wounded US soldiers.  The pretrial maneuvering in this case has called attention to a number of abuses at Guantanamo, including abusive treatment and abuses of the Military Commissions system.

Last month it was revealed that Jawad was subjected to two weeks of sleep deprivation in 2004 through the then allegedly stopped “Frequent Flyer Program” in which he was moved from cell to cell every couple of hours. In Jawad’s case this treatment appears to have been a punishment of some sort, or simply a sadistic action, as Jawad was not interrogated for months after this abuse. Since the revelation in the Jawad case, new reports have surfaced of similar treatment, albeit, of two detainees not previously known to have suffered under the devilish sleep deprivation program.

This week new evidence emerged through pretrial motion that the Military Commissions were politically manipulated by the commanding Brig. General Thomas Hartman. Ross Tuttle in the Nation reports on these new explosive charges:

More Meddling at Gitmo

By Ross Tuttle

According to a document filed in court by Jawad’s attorney on July 15, Brig. General Thomas Hartmann, the highest-ranking officer and top lawyer overseeing Guantánamo’s military tribunals, has misled the court, the press and the American public, and should be disqualified from the process. Major David Frakt, Jawad’s defense counsel, brings to light new evidence that Hartmann has been deeply involved in prosecutorial matters–a role that contradicts his mandate to provide impartial legal advice to the office of the Convening Authority which runs the Commissions–raising serious doubts about the ability of the Commissions to administer justice.The evidence is a timeline chart prepared by Hartmann that lays out plans for upcoming cases–including which cases would be charged, when they would be charged, when certain charges would be validated and sent to trial and, in some cases, how they would be tried. The problem is that the timeline was created in early November 2007, before many of those decisions should have been made. Those decisions are the purview of the Chief Prosecutor and the Convening Authority, who must arrive at them after lengthy consideration of the evidence and deliberation with advisors and other prosecutors. But, according to Frakt, the timeline suggests that those decisions were preordained by Hartmann.

“As legal advisor General Hartmann’s duty has been to provide independent and impartial advice to the Convening Authority,” says Frakt. (The Convening Authority is a quasi-neutral, quasi-judicial arbiter that oversees the commissions and makes crucial decisions about the allocation of resources, the use of expert witness and which charges are worthy of going to trial and which warrant clemency.) “But his role is made impossible when he is so deeply and partially involved in the strategic planning of prosecutorial efforts, as the chart suggests he is.”

Neither the chart nor the document submitted to the court have yet been released to the public, but Frakt has detailed some of their contents to The Nation.

Reached for comment, Lt. Col. Darrel Vanderveld, lead prosecutor in the Jawad case, disputed Frakt’s description of the chart’s role in the Guantánamo cases. “The chart reflects the Office of Military Commissions’ aspirational goals for moving the legal process forward…. If one were to compare the aspirational goals listed on that chart to reality, the evidence shows there was no influence on the timing of the prosecution of cases,” he said. (The office of military commissions refused to provide a copy of the chart to conduct a comparison.)

According to Frakt, the chart reveals that Hartmann was likely making the decisions about who to charge and when–behavior that contradicts testimony Hartmann had given on the subject just one month ago.

During a pretrial hearing in June on a motion to dismiss charges against Jawad based on unlawful influence, Hartmann said, “In general…I believe it is the Chief Prosecutor’s responsibility to determine who to charge.”

But Frakt says the timeline reveals that Hartmann “had foreknowledge, in one case, seven weeks in advance of the exact day charges would be filed against a detainee.” This was the case of Ahmed al-Darbi, an alleged member of Al Qaeda, who was charged on December 20, 2007–exactly as forecast by the chart. But a new Chief Prosecutor, Col. Lawrence Morris, hadn’t arrived to take control of the prosecutor’s office until mid-November. According to Frakt, the chart suggests that this decision and many others concerning prosecutorial scheduling and strategy have been made by Hartmann.

In the case of Frakt’s own client, Mohammed Jawad, Frakt believes the chart shows that the referral of charges to trial was a foregone conclusion.

The charges were referred to trial by the convening authority in January, 2008–a date set by Hartmann’s timeline, says Frakt. Yet in his June testimony, Hartmann explained that the Convening Authority had waited until January before referring charges in order to review additional evidence. “But in fact, the chart makes it clear that he had already made up his mind that it was going to trial–long before he actually recommended the case be referred to trial, and he was confident it would be [referred].”

In the case of the alleged 9/11 co-conspirators, Frakt believes that Hartmann was not candid with the public about the decision to try defendants jointly. During a February 11 press conference to announce the charges, Hartmann said, “The decision to try them together or the recommendation to try them together was made by the chief prosecutor.” But Frakt says that according to the language in the November chart, Hartmann had already outlined that it would be a joint trial–revealing an involvement in their charges that he’d heretofore attempted to obscure.

Hartmann had also been asked during this and other press conferences about a time frame for charges being referred and when trials would begin. Hartmann was uniformly noncommittal, saying “there is no specific timeline” and “one can never predict.” Yet, according to Frakt, this belies the fact that Hartmann had indeed already made these predictions and was working with the prosecution and convening authority to assure they’d come to fruition.

Frakt’s allegations aren’t the first to claim Hartmann has inappropriately meddled in the affairs of the prosecution. The accusations first arose last year when then-chief prosecutor Col. Morris Davis complained Hartmann was violating the Rules of the Military Commissions, which state that “no person may attempt to coerce or by any unauthorized means influence the exercise of professional judgment” by the prosecution.

Davis’ complaint prompted an internal investigation, after which Hartmann was admonished not to align himself too closely with the prosecutorial function. Davis later resigned in part, he says, because of Hartmann’s continued meddling.

And in May this year, a judge disqualified Hartmann from continuing to provide legal advice in the case of Salim Hamdan, because the judge said he had exerted improper influence over the prosecution. (The Hamdan case is scheduled to go to trial next week, in what will be the first trial of these military commissions.) Davis testified in that hearing on behalf of the defense.

“I don’t know how you’re going to do an independent and objective review of the charges when you’ve already got a date for the referral of charges set on the calendar,” Davis said, upon hearing about this latest piece of evidence.

Davis believes that Hartmann’s intent was clear from the beginning “he once told me, ‘the way we validate this process is to get back into court, present evidence, and get convictions and good sentences.’ ”

But according to Frakt, Hartmann appeared to overstep his role in trying to make that happen.

“He went well beyond attempting to motivate and facilitate the military commissions effort,” says Frakt, “he became actively involved in the prosecution strategy, and that wasn’t his job.”

Hartmann’s stance has “eroded the independence of his own function and the independence of the Convening Authority,” says Eugene Fidell, a professor of military law at Yale Law School and Washington College of Law. “This has been the problem from the beginning.”

Fidell is uncertain if this latest revelation is fatal to the entire commissions, but says “the commissions are already under tremendous pressure and at a certain point, even a battleship can take only so many holes in its hull before it rides lower and lower until it eventually sinks.”

“This development is enormous,” says Frakt, who thinks it should spell the end of Hartmann’s association with the military commissions. He also thinks this could spell the end of the commissions themselves. “They’ve taken a lot of body blows over the past couple months. This could be their knockout punch.”

Ross Tuttle is a documentary filmmaker and freelance journalist based in Los Angeles.

Add comment July 18th, 2008


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