Archive for September 20th, 2009

Larry James puzzled by his critics, says Col. Larry James

The Dayton Daily News contains an article on Col. Larry James, who seems to be confused why critics want him investigated for violating professional ethics and for possible war crimes.Evidently, the fact that he claims to have “Fixed Hell” at Guantanamo while simultaneously having no power or influence or abuses there might help him understand. Or perhaps the fact that Guantanamo was Hell before, during, and after the time he was there “Fixing” it might help.  [BTW my latest writing on James is here.]:

Retired colonel puzzled by Guantanamo critics
WSU dean said he was sent to the detention center in Cuba to clean up the abuses there, which he feels he did

By Jim DeBrosse

During an interrogation at Guantanamo Bay in April 2003, an Army psychologist watched while MPs pinned a detainee to his knees and then repeatedly slammed his upper body and face to the floor up to 30 times. A contractor who also witnessed the abuse said “the floor was shaking” from the force of the blows, according to a 2008 investigation by the Senate Armed Services Committee released in April.

The psychologist “believed that the technique was appropriate, approved, applied properly and was common practice in the teams.” The interrogator told the Senate investigator he agreed.

Col. Larry C. James, now retired from the Army, was the leader of the team of five psychologists assigned to Gitmo interrogators. James, who didn’t testify, says he never witnessed that incident nor any other abuse involving a health care professional during his deployments at Guantanamo from January to May 2003 and June 2007 to June 2008.

James, 52, a recipient of a Bronze Star Medal for his military service in Iraq and now dean of the School of Professional Psychology at Wright State University, has been under fire for several years by psychologists and human rights advocates. They doubt the effectiveness of his reforms at Gitmo and question whether he may have turned a blind eye to abusive practices there or perhaps even helped set abusive policies.

In the colonel’s defense

By his own statements, including those in his book “Fixing Hell,” James said he was sent by the Army “to clean up the abuses” at Gitmo and later the Abu Ghraib detention center in Iraq.

James said the worst abuses at Guantanamo occurred in 2002, before he arrived, when interrogators terrorized prisoners with guard dogs, resorted to waterboarding and withheld medications. “You have to understand the context” following 9/11, he said. “The nation had been attacked 6 to 8 months before, and the pressure from (the Bush administration) was to get intelligence, get intelligence, get intelligence.”

Kathy Platoni, a Centerville psychologist and Army Reservist who counseled soldiers at Gitmo from 2003 to 2004, has been a defender of James. Although she didn’t meet him until he arrived at Wright State, she said, “I will back him to the hilt.”

To suggest that James or any psychologist was involved in torture or inhumane treatment of detainees is “absurd and offensive,” Platoni said. On the contrary, she said, military personnel at Gitmo were often subject to abuse from prisoners, who frequently hurled bodily fluids, excrement and insults from their cells.

Complaints against James

Trudy Bond, a Toledo psychologist who has taken legal action against James, said documents and media reports show that “torture and abuse of detainees never stopped at Guantanamo.” Bond has filed complaints against James with the state psychological boards in Ohio and Louisiana where James holds licenses. Both boards have declined to investigate, saying there is not enough evidence.

With the backing of the Center for Constitutional Rights, a human rights organization in New York, Bond went to court in Louisiana to force the state board to investigate James. The court dismissed the case in August, saying Bond had not exhausted the board’s administrative process. Bond and her attorney have appealed in federal court.

For several years, members of the American Psychological Association have been embroiled in debate over the role James and other military psychologists may have played in detainee interrogations under the Bush administration. Bush critics in the APA charge that the White House used the supervision of psychologists and other health care professionals to legitimize interrogation techniques outlawed by the U.S. Constitution and the international Geneva Conventions. Their presence was supposed to prevent permanent physical or psychological harm.

In June 2007, 350 members of the APA signed an open letter to then-APA President Sharon Brehm asking the association to investigate James and other members of the APA who served at Guantanamo Bay. The letter alleges that “psychologists played an integral role in the development, justification and implementation of abusive interrogation techniques.” Brehm declined, but the association later changed its ethics code to ban involvement in specific forms of torture.

One claim: To support their claims, APA activists point to a July 13, 2003, e-mail from the Gitmo commander to Army superiors, a weekly update that also was forwarded to Deputy Secretary of Defense Paul Wolfowitz at his request. The e-mail said that Lt. Col. Luie “Morgan” Banks, a Ft. Bragg psychologist who trained U.S. soldiers in how to resist torture, had been brought to Gitmo to offer advice to interrogators on how “to fracture… detainee resistance to cooperation.”

The commander’s e-mail, cited by Senate investigators, said Banks provided “very valuable insights.”

James’ response: Having known Banks for more than 20 years, James said his colleague has been unfairly blamed by critics who allege he developed ways to turn around Army torture survival techniques and use them for breaking down detainees. “We were both adamant that torture and abuse were the wrong way to go” for effective interrogations, James said.

James is bringing Banks to Wright State on Oct. 7-8 as a presenter in a workshop, “The Psychology of Terrorism,” on ways to prevent the development of the terrorist mind-set and defend against terrorist psychological tactics.

Another claim: Critics also have noted that James was the chief psychologist at Gitmo when a 16-year-old Canadian detainee, Omar Khadr, alleged he had been abused. In a court affidavit, Khadr said interrogators threatened to send him to Egypt so he would be raped, cuffed him in painful positions for more than an hour, forced him to sit and stand in shackles repeatedly and, when he faltered, lifted and dropped him to the floor.

Finally, when he urinated on himself, they poured pine oil on the floor “and dragged me back and forth through the mixture of urine and pine oil,” Khadr said. The treatment was repeated two weeks later, he said.

James’ response: James said he was never involved in the interrogation of Khadr and that he spent “95 to 98 percent” of his time at Gitmo tending to three other juvenile detainees at Camp Iguana. The adult detainees — those Khadr’s age and older — were kept in a separate camp called Delta.

Getting to the bottom of it

Deborah Popowski, a research fellow at the Center for Constitutional Rights, said it’s been difficult “to get to the bottom of James’ role” at Guantanamo because the claims in his book often conflict with Army documents. She said a standard operating procedure issued at Gitmo in February 2003 shows James may have had a role in developing abusive behavioral management plans, or BMPs, for detainees.

According to the document, BMPs were designed “to enhance and exploit the disorientation and disorganization felt by a newly arrived detainee in the interrogation process” by “concentrat(ing) on isolating the detainee and fostering dependence of the detainee on his interrogator.” That included isolating incoming detainees for 30 days — including youths — and longer at the discretion of the interrogator.

Popowski said the procedure was issued following James’ arrival at Gitmo. Further implicating James, she said, a 2002 draft of procedures for psychologists said developing behavorial plans was one of their “mission essential tasks.”

James said he had nothing to do with the behavioral plan for isolating detainees. “The warden and his staff wrote that,” he said.

While he had the authority to set policy for his small team of psychologists, James said he could not set policy for the entire camp. “I wish I’d had the kind of power (my critics) say I had,” he said. “It would have meant a big raise in pay.”

New York psychologist Steve Reisner, who treats survivors of torture, also said there are still too many unanswered questions about James and the role that all health care professionals played at Gitmo to let it go.

“When the position of health professional is turned away from the welfare of the individual and aligned with the interest of the state to abuse the individual,” Reisner said, “that is such a travesty of ethics that I have to do all I can to oppose it.”

Puzzled by his critics

James says he can’t understand why a handful of critics persist in seeking an investigation of his actions. “No matter what third party, objective review board or person, they’ve all come to the same conclusion — there’s no probable cause,” James said. “There’s no detainee, there’s no guard, there’s no psychologist who’s come forward and said, ‘With my own eyes, I’ve seen Dr. James do X, Y or Z.’ ”

A place at Wright State

James came to Wright State in August 2008 following his retirement from the Army. He was living in Honolulu and looking to enter academia when a friend told him about the position at the school in Fairborn, he said. “It’s been a very good fit,” he said.

Wright State officials issued a statement this week that the search committee had been aware of James’ military service at Gitmo and Abu Ghraib. “Dr. Larry James is a respected Board-certified psychologist who was selected as Dean of the School of Professional Psychology (SOPP) after an extensive review that included a careful examination of his academic credentials, professional accomplishments, and character,” the statement said.

1 comment September 20th, 2009

Sen. Whitehouse: US torture would be a routine criminal matter if the targets weren’t former high government officials

US Senator Sheldon Whitehouse (D-RI) has an important piece in the National Jaw Journal:

Official torture
This would be a routine criminal matter if the targets weren’t former high government officials.

By Sheldon Whitehouse

The prosecutor is often first presented with a case as a “corpus delicti” — a bullet-riddled body in the street, for instance. That ordinarily is enough to justify investigation. Through investigation, the evidence may prove that there was not in fact a crime (it was a suicide or an accident) or that the fatal acts were privileged or enjoy a legal defense (self-defense or justifiable shooting by an officer of the law). But one begins by investigation.

The judicial branch (which, under Marbury v. Madison, has the ultimate duty to determine “what the law is”) has determined that waterboarding is torture (see U.S. v. Lee, decided in 1984 by the U.S. Court of Appeals for the 5th Circuit). The Bush administration has admitted to waterboarding captives. The corpus delicti of that crime exists. For there to be investigation now is unexceptional.

The only exceptional thing is the parties involved: the former vice president of the United States, his counsel David Addington, Office of Legal Counsel (OLC) lawyer John Yoo and their private contractors Bruce Jessen and Jim Mitchell, psychologists who designed the torture program. But in America, high office does not put one outside the law. Indeed, it borders on unethical for a prosecutor to refuse to investigate the corpus delicti of a crime because of concern as to where the evidence may lead.

With the corpus delicti present, a prosecutor looks to see whether theories of criminal liability can be eliminated by evidence the investigation reveals (a suicide note in the pocket, a police officer’s convincing description of a “clean shoot”). But as long as a viable theory of criminal liability remains, the investigation continues.

Hence the question: Looking only at the evidence that has become public so far, is there a viable theory of criminal liability arising out of this corpus delicti, the torture of America’s captives?

There is substantial evidence of legal malpractice by lawyer Yoo. His opinions were even withdrawn under the Bush administration, and they are the subject of an unprecedented internal investigation by the Department of Justice. For one thing, the precise case on point was overlooked. The analysis is bad enough that it could be a sham. Investigation would reveal whether this was the result of incompetence, ideology or instruction.

There is substantial evidence of a back channel between Addington and Yoo. It is not yet clear what information or instructions passed along that back channel. It does appear to have sidelined regular chains of reporting, including the attorney general. Investigation would determine whether this was communication or conspiracy.

There is substantial public evidence of exceptional access provided to the private contractors. They were allowed to repeatedly interrupt and ultimately compromise one of the most productive interrogations in our fight against terrorism. As contractors, they were outside the military and government chains of command and reporting and thus were potentially a means of direct secret access between the White House and the torture chamber. Investigation would reveal whether this was abused.

There is substantial evidence that the waterboarding went outside what was approved by the OLC opinions. The opinions themselves disclosed this fact. A Senate Armed Services Committee investigation disclosed evidence of abusive interrogation techniques being used to establish a link between al-Queda and Saddam Hussein in the run-up to the 2004 presidential election. That purpose is not one for which abusive techniques were allowed. A recent Washington Post article reported that, after 83 waterboardings over four or five days, a detainee “was broken” and the team unanimously concluded that “he was cooperating,” yet headquarters insisted that waterboarding continue for 30 more days. If true, this would appear to violate the OLC legal requirement “that a terrorist attack is imminent” and “the subject has actionable intelligence that can prevent, disrupt, or delay this attack,” before waterboarding can take place. Investigation would determine whether these apparent violations of OLC’s restrictions were in fact culpable.

None of this evidence creates a complete case, yet. But it suggests theories of criminal liability that are not foreclosed by the evidence so far. Put these elements together: actual torture under our existing laws, the possibility of actual knowledge that the OLC opinions were phony, conduct outside the restrictions even of those opinions and a possible improper motive outside of legitimate national security concerns. That’s a theory of criminal liability, and it has not yet been eliminated by the evidence. From a prosecutor’s perspective, the stonewalling we have seen — aggressive assertions of executive privilege, refusals to cooperate with inspectors general, cover stories that don’t withstand scrutiny — raises suspicions further.

When the evidence is all in, it may prove that all the conduct surrounding American’s descent into torture was proper, protected by good-faith legal defenses. But it’s too early to responsibly reach that conclusion. Investigation is what allows such a conclusion to be reached.

*********

U.S. Sen. Sheldon Whitehouse (D-R.I.) is a former U.S. attorney.

September 20th, 2009

Religion flourishes with economic insecurity, declines with security

A new research study by independent researcher Gregory Paul finds religious belief declines with increased living conditions, especially economic security. Seems he has rediscovered Marx’s position that religion is the heart of a heartless world.

It is not surprising, therefore, that the US, one of the most insecure industrialized countries, without even universal access to medical care, is also one of the most religious.

Here is an announcement from the journal Evolutionary Psychology. The full paper is available as pf here.:

Is religiosity beneficial in affluent first world nations?

Contact: Gregory Paul
Email: GSP1954@aol.com

In recent decades, scholars have discussed the evolutionary origins of religious beliefs. Some hold that religious beliefs confer benefits to individuals’ abilities to cope with their life experiences; others propose that religious beliefs and identities facilitated the successful survival of human groups and their competition with other groups for land and other scarce resources.

As some nations become increasingly secular, one may wonder what role religious beliefs play for those living in technologically advanced societies. Advocates for religious systems often argue that these beliefs are instrumental in providing moral foundation necessary for a healthy, cohesive society – a view shared by Benjamin Franklin and Dostoyevsky.

In a follow up to his 2005 paper, Gregory Paul argues that high religiosity is not universal to human populations, and it is actually inversely related to a wide range of socio-economic indicators representing the health of modern democracies. Paul holds that once a nation’s population becomes prosperous and secure, for example through economic security and universal health care, much of the population looses interest in seeking the aid and protection of supernatural entities. This effect appears to be so consistent that it may prevent nations from being highly religious while enjoying good internal socioeconomic conditions.

National level statistics suggest that strong mass religiosity is invariably associated with high levels of stress and anxiety, which are created by impoverishment, inequality, or economic security, related to high levels of societal dysfunction. These relationships are largely consistent when the United States, an outlier amongst advanced democracies in the high level of both religious belief and social decay, is removed from the comparison.

The belief held by some scholars that strong religious belief is the universal human condition deeply rooted in our psyches, may be false. Also contradicted is the hypothesis that evolutionary selective forces have played the leading role in determining the popularity of religion. Environmental conditions appear to exert great influence on the degree to which religious beliefs are held. The popularity of religious belief may be a reflection of a psychological mechanism for coping with the high levels of stress and anxiety resulting from adverse social and economic environments.

Because creationism can be popular only when religion is widespread, extensive disbelief of evolutionary science is also associated with the dysfunctional societal environment, which encourages the conservative, scriptural based theism that favors special creation. Large scale secularization is the only method proven to suppress creationist opinion to well below majority status.

The findings also have strong implications for consequential political debates, such as the current tussles amongst politicians and interest groups over health care reform in the United States. This may be seen as part of a larger ideological battle between those advocating for progressive government policies leveling health and economic outcomes and social conservatives who oppose the secularization associated with such outcomes.

The study, The Chronic Dependence of Popular Religiosity upon Dysfunctional Psychosociological Conditions, appears in the current issue of Evolutionary Psychology and is accessible at: http://www.epjournal.net/filestore/EP07398441_c.pdf

September 20th, 2009

The Return of McCarthyism

UPDATE: THIS VIDEO WAS REMOVED FROM YOUTUBE. I HAVE OBTAINED ANOTHER LINK FROM A DIFFERENT SOURCE:

A must-watch to give insight into today’s politics:

Find more videos like this on DramaTube

2 comments September 20th, 2009

Affirmative action subverts “meritocracy”

Meritocracy lives, in the minds of the blessed:

“I remember back in the late 1990s, when Ira Katznelson, an eminent political scientist at Columbia, came to deliver a guest lecture. Prof. Katznelson described a lunch he had with Irving Kristol during the first Bush administration.

“The talk turned to William Kristol, then Dan Quayle’s chief of staff, and how he got his start in politics. Irving recalled how he talked to his friend Harvey Mansfield at Harvard, who secured William a place there as both an undergrad and graduate student; how he talked to Pat Moynihan, then Nixon’s domestic policy adviser, and got William an internship at the White House; how he talked to friends at the RNC [Republican National Committee] and secured a job for William after he got his Harvard Ph.D.; and how he arranged with still more friends for William to teach at Penn and the Kennedy School of Government.

“With that, Prof. Katznelson recalled, he then asked Irving what he thought of affirmative action. ‘I oppose it,’ Irving replied. ‘It subverts meritocracy.’ “

[H/t Andrew Sullivan.]

And a reminder of what “merit” there was:

A few months ago, my blogging colleague Robert Farley pointed out that “in the modern configuration of the conservative media machine, Kristol occupies an unparalleled central position of power . . . Right-wing journalism and punditry is absurdly nepotistic; everything depends on relationships, (and) Kristol always seems to be” at the center of these relationships.

Farley went on to observe that this central position made Kristol difficult for other conservatives to attack, “even though Kristol played an important role in many of the most disastrous elements” of the George W. Bush administration and the John McCain campaign.

Maybe we would benefit from a little less “meritocracy.”

September 20th, 2009


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