Psyche, Science, and Society

Intelligence community winning transparency battle with Obama

The Boston Globe reports that Obama’s halting attempts at greater government transparency have been decisively undermined by the intelligence community. This episode is one of many that shows that any pretense of democracy in the US is false, that the intelligence community is often not subject to outside control:

Release of secret reports delayed
Spy agencies foil Obama plan for transparency

By Bryan Bender

WASHINGTON – President Obama will maintain a lid of secrecy on millions of pages of military and intelligence documents that were scheduled to be declassified by the end of the year, according to administration officials.

The missed deadline spells trouble for the White House’s promises to introduce an era of government openness, say advocates, who believe that releasing historical information enforces a key check on government behavior. They cite as an example the abuses by the Central Intelligence Agency during the Cold War, including domestic spying and assassinations of foreign officials, that were publicly outlined in a set of agency documents known as the “family jewels.’’

The documents in question – all more than 25 years old – were scheduled to be declassified on Dec. 31 under an order originally signed by President Bill Clinton and amended by President George W. Bush.

But now Obama finds himself in the awkward position of extending the secrecy, despite his repeated pledges of greater transparency, because his administration has been unable to prod spy agencies into conformance.

Some of the agencies have thrown up roadblocks to disclosure, engaged in turf battles over how documents should be evaluated, and have reviewed only a fraction of the material to determine whether releasing them would jeopardize national security.

In the face of these complications, the White House has given the agencies a commitment that they will get an extension beyond Dec. 31 of an undetermined length – possibly years, said the administration officials, who spoke on the condition they not be identified discussing internal deliberations. It will be the third such extension: Clinton granted one in 2000 and Bush granted one in 2003.

The documents, dating from World War II to the early 1980s, cover the gamut of foreign relations, intelligence activities, and military operations – with the exception of nuclear weapons data, which remain protected by Congress. Limited to information generated by more than one agency, the records in question are held by the Central Intelligence Agency; the National Security Agency; the departments of Justice, State, Defense, and Energy; and other security and intelligence agencies.

None of the agencies involved responded to requests for comment, saying they could not discuss internal deliberations.

“They never want to give up their authority,’’ said Meredith Fuchs, general counsel at the National Security Archive, a research center at George Washington University that collects and publishes declassified information. “The national security bureaucracy is deeply entrenched and is not willing to give up some of the protections they feel they need for their documents.’’

The failure to meet the disclosure deadline “does not augur well for new, more ambitious efforts to advance classification reform,’’ said Steven Aftergood, a specialist on government secrecy at the Federation of American Scientists in Washington. “If binding deadlines can be extended more or less at will, then any new declassification requirements will be similarly subject to doubt or defiance.’’

Obama laid out broad goals for reforming the system in May, when he ordered a 90-day review by the National Security Council. Government, he said, “must be as transparent as possible and must not withhold information for self-serving reasons or simply to avoid embarrassment.’’

The review is part of Obama’s efforts to make all government operations more public, including his decision to release White House visitor logs and set up a new office to expedite the release of government files under the Freedom of Information Act.

Among the revisions Obama said he wanted considered were the establishment of a National Declassification Center to coordinate and speed up the process, as well as new procedures to prevent what he called “over classification.’’

But officials said an executive order that has been drafted by the White House to replace a disclosure order that Bush signed in 2003 is meeting resistance from key national security and intelligence officials, delaying its approval.

“The next phase is most crucial,’’ said William J. Bosanko, director of the Information Security Oversight Office at the National Archives and Records Administration, who was appointed by Obama in April 2008 to oversee the government classification system. “It is a bit of a test. You have an administration that has committed to certain things and tried to shape the direction but then you have the bureaucracy which is very adept at resisting change.’’

A key concern among intelligence agencies is that they could lose what amounts to veto power over disclosure of their secrets that are maintained by other agencies, according to several officials who have been privy to the agency comments on the draft executive order.

Also, a turf war has broken out over which spy agency should be represented on a panel set up in 1996 to hear appeals from people who are seeking the release of information. Obama aides want the Office of the Director of National Intelligence, set up in 2005 to oversee all spy agencies, to replace the CIA, much to the consternation of CIA officials, the officials said.

The White House is meeting even more resistance on its position that no information shall remain classified indefinitely. Depending on the type of information involved, the White House is proposing that virtually all classified information – not just some categories – be automatically released 25 years, 50 years, or in the case of records that involve intelligence sources, 75 years after they are created. The draft Obama guidelines, a copy of which were obtained by Aftergood, include an additional five-year extension for the most sensitive documents.

Defense and intelligence information undergoes a more rigorous review before being made public – often decades after it is generated – than more general government files that do not require officials to have special security clearances to handle them. The documents in question are considered part of the nation’s permanent record, and therefore hold special historical significance. Only three percent of government records are so designated.

As the delays mount, so does the backlog of classified data to be reviewed. Aftergood and others worry that if automatic deadlines are not enforced, many documents will never reach the public because the agencies who have custody of them can continue to make the same arguments.

“The only way to get a handle on this is to allow classification to expire at some point,’’ said Aftergood. “This is information that is not just from years ago, but generations ago. The new delay is discouraging because the innovations in the Clinton order are being subverted. That means even bolder reforms that some of us hope for will be that much more difficult.’’

Still, even if such information is eventually declassified, that doesn’t mean that the public will get to see it in a timely manner. Officials estimate that there are 400 million pages of historical documents that have been declassified but remain in government records centers and have not been processed at the National Archives, where the public can view them.

Bryan Bender can be reached at bender@globe.com.

November 29th, 2009

Obama’s secret prison: Afghanistan’s black jail

For people who thought that electing Obama meant the end of people being dissappeared, this weekend’s articles in the Washington Post and the New York Times on the secret “black prison” at Bagram in Afghanistan is deeply disappointing. At the black prison detainees are help apart from any contact with the Red Cross, in direct violation of the Geneva Conventions. Some detainees also report abuse, including beatings, sleep deprivation, and humiliation.

This prison is operated by the Joint Special Operations Command [JSOC]. Gen. Stanley McChrystal was in command when JSOC notoriously tortured detainees in Iraq, as was detailed by the Senate Armed Services Committee in their April, 2009 report on US interrogation policies.. Now that he is in charge in Afghanistan, we must fear that torture and abuse may increasingly be authorized for Special Forces. While the Pentagon spokesperson [a Bush holdover] insists, as he and his predecessors did throughout the Bush administration that it is DoD policy to treat detainees humanely, it is not clear to what degree that JSOC is even under actual DoD control.

Here is the Times article. [See also the transcript of the Times' interview and the commentary by Valtin.]

Afghans Detail Detention in ‘Black Jail’ at U.S. Base

By Alissa J. Rubin

KABUL, Afghanistan — An American military detention camp in Afghanistan is still holding inmates, sometimes for weeks at a time, without access to the International Committee of the Red Cross, according to human rights researchers and former detainees held at the site on the Bagram Air Base.

The site, known to detainees as the black jail, consists of individual windowless concrete cells, each illuminated by a single light bulb glowing 24 hours a day. In interviews, former detainees said that their only human contact was at twice-daily interrogation sessions.

“The black jail was the most dangerous and fearful place,” said Hamidullah, a spare-parts dealer in Kandahar who said he was detained there in June. “They don’t let the I.C.R.C. officials or any other civilians see or communicate with the people they keep there. Because I did not know what time it was, I did not know when to pray.”

The jail’s operation highlights a tension between President Obama’s goal to improve detention conditions that had drawn condemnation under the Bush administration and his stated desire to give military commanders leeway to operate. While Mr. Obama signed an order to eliminate so-called black sites run by the Central Intelligence Agency in January, it did not also close this jail, which is run by military Special Operations forces.

Military officials said as recently as this summer that the Afghanistan jail and another like it at the Balad Air Base in Iraq were being used to interrogate high-value detainees. And officials said recently that there were no plans to close the jails.

In August, the administration restricted the time that detainees could be held at the military jails to two weeks, changing previous Pentagon policy. In the past, the military could obtain extensions.

The interviewed detainees had been held longer, but before the new policy went into effect. Mr. Hamidullah, who, like some Afghans, uses only one name, was released in October after five and half months in detention, five to six weeks of it in the black jail, he said.

Although his and other detainees’ accounts could not be independently corroborated, each was interviewed separately and described similar conditions. Their descriptions also matched those obtained by two human rights workers who had interviewed other former detainees at the site.

While two of the detainees were captured before the Obama administration took office, one was captured in June of this year.

All three detainees were later released without charges. None said they had been tortured, though they said they heard sounds of abuse going on and certainly felt humiliated and roughly used. “They beat up other people in the black jail, but not me,” Hamidullah said. “But the problem was that they didn’t let me sleep. There was shouting noise so you couldn’t sleep.”

Others, however, have given accounts of abuse at the site, including two Afghan teenagers who told The Washington Post that they had been subjected to beatings and humiliation by American guards.

A Defense Department spokesman, Bryan Whitman, said Saturday that the military routinely sought to verify allegations of detainee abuse, and that it was looking into whether the two Afghan teenagers who spoke to The Post had been detained.

Without commenting specifically on the site at Bagram, which is still considered classified, Mr. Whitman said that the Pentagon’s policy required that all detainees in American custody in Afghanistan be treated humanely and according to United States and international law.

All three former detainees interviewed by The New York Times complained of being held for months after the intensive interrogations were over without being told why. One detainee said he remained at the Bagram prison complex for two years and four months; another was held for 10 months total.

Human rights officials said the existence of a jail where prisoners were denied contact with the Red Cross or their families contradicted the Obama administration’s drive to improve detention conditions.

“Holding people in what appears to be incommunicado detention runs against the grain of the administration’s commitment to greater transparency, accountability, and respect for the dignity of Afghans,” said Jonathan Horowitz, a human rights researcher with the Open Society Institute.

Mr. Horowitz said he understood that “the necessities of war requires the U.S. to detain people, but there are limits to how to detain.”

The black jail is separate from the larger Bagram detention center, which now holds about 700 detainees, mostly in cages accommodating about 20 men apiece, and which had become notorious to the Afghan public as a symbol of abuse. That center will be closed by early next year and the detainees moved to a new larger detention site as part of the administration’s effort to improve conditions at Bagram.

The former detainees interviewed by The Times said they were held at the site for 35 to 40 days. All three were sent there upon arriving at Bagram and eventually transferred to the larger detention center on the base, which allows access to the Red Cross. The three were hooded and handcuffed when they were taken for questioning at the black jail so they did not know where they were or anything about other detainees, they said.

Mr. Horowitz said he had heard similar descriptions of the jail from former detainees, as had Sahr MuhammedAlly, a lawyer with Human Rights First, a nonprofit organization that has tracked detention issues in Guantánamo Bay, Cuba, Iraq and Afghanistan.

The International Committee of the Red Cross does not discuss its findings publicly and would not say whether its officials had visited the black jail. But, in early 2008, military officials acknowledged receiving a confidential complaint from the I.C.R.C. that the military was holding some detainees incommunicado.

In August, the military said that it had begun to give the Red Cross the names of everyone detained, including those held in the Special Operations camps, within two weeks of capture. But it still does not allow the group face-to-face access to the detainees.

All three detainees said the hardest part of their detention was that their families did not know whether they were alive.

“For my whole family it was disastrous,” said Hayatullah, a Kandahar resident who said he was working in his pharmacy when he was arrested. “Because they knew the Americans were sometimes killing people, and they thought they had killed me because for two to three months they didn’t know where I was.”

The three detainees said the military had mistaken them for Taliban fighters.

“They kept saying to me, ‘Are you Qari Idris?’ ” said Gulham Khan, 25, an impoverished, illiterate sheep trader, who mostly delivers sheep and goats for people who buy the animals in the livestock market in Ghazni, the capital of the province of the same name. He was captured in late October 2008 and released in early September this year, he said.

“I said, ‘I’m not Qari Idris.’ But they kept asking me over and over, and I kept saying, ‘I’m Gulham. This is my name, that is my father’s name, you can ask the elders.’ ”

Ten months after his initial detention, American soldiers went to the group cell where he was then being held and told him he had been mistakenly picked up under the wrong name, he said.

“They said, ‘Please accept our apology, and we are sorry that we kept you here for this time.’ And that was it. They kept me for more than 10 months and gave me nothing back.”

In their search for him, Mr. Khan’s family members spent the equivalent of $6,000, a fortune for a sheep dealer, who often makes just a dollar a day. Some of the money was spent on bribes to local Afghan soldiers to get information on where he was being held; they said soldiers took the money and never came back with the information.

In Mr. Hamidullah’s case, interrogators at the black jail insisted that he was a Taliban fighter named Faida Muhammad. “I said, ‘That’s not me,’ ” he recalled.

“They blamed me and said, ‘You are making bombs and are a facilitator of bomb making and helping militants,’ ” he said. “I said, ‘I have a shop. I sell spare parts for vehicles, for trucks and cars.’ ”

Human rights researchers say they worry that the jail remains in the shadows and largely inaccessible both to the Red Cross and the Afghan Independent Human Rights Commission, which has responsibility for ensuring humane treatment of detainees under the Afghan Constitution. Manfred Nowak, the United Nations’ special rapporteur on torture, said that the site fell into something of a legal limbo but that the Red Cross should still have access to all detainees.

Eric Schmitt contributed reporting from Washington.

November 29th, 2009