Posts filed under 'Interrogation'

Will Guantanamo survive Guantanamo?

The New York Times asks if Obama will support a new law authorizing detention without trial:

Post-Guantánamo: A New Detention Law?

By William Glaberson

As a presidential candidate, Senator Barack Obama sketched the broad outlines of a plan to close the detention center at Guantánamo Bay, Cuba: try detainees in American courts and reject the Bush administration’s military commission system.

Now, as Mr. Obama moves closer to assuming responsibility for Guantánamo, his pledge to close the detention center is bringing to the fore thorny questions under consideration by his advisers. They include where Guantánamo’s detainees could be held in this country, how many might be sent home and a matter that people with ties to the Obama transition team say is worrying them most: What if some detainees are acquitted or cannot be prosecuted at all?

That concern is at the center of a debate among national security, human rights and legal experts that has intensified since the election. Even some liberals are arguing that to deal realistically with terrorism, the new administration should seek Congressional authority for preventive detention of terrorism suspects deemed too dangerous to release even if they cannot be successfully prosecuted.

“You can’t be a purist and say there’s never any circumstance in which a democratic society can preventively detain someone,” said one civil liberties lawyer, David D. Cole, a Georgetown law professor who has been a critic of the Bush administration.

Although the nation has long had limited legal procedures for detaining dangerous people who have not been convicted of a crime, the issue has become particularly controversial in the context of Guantánamo, where some detainees have been held for almost seven years without being charged.

Whether the Obama administration should push for a preventive detention law has inspired “a very hot and serious debate,” said Ken Gude, a national security scholar at the liberal Center for American Progress, adding, “I’ve had conversations with progressives who think it is a good idea and conservatives who think it’s a terrible idea.”

The president-elect’s transition office would not comment on whether that idea was even under discussion. But human rights groups have been mounting arguments to counter pressure that they say is building on Mr. Obama to show toughness, perhaps by echoing the Bush administration’s insistence that some detainees may need to be held indefinitely.

The international law of warfare provides authority for governments to hold captured enemy fighters until the completion of a conflict. Tens of thousands of German and Italian prisoners of war were held inside the United States during World War II.

But particularly inasmuch as the Bush administration invoked that authority as a basis for its much-criticized detention policies, a move by Mr. Obama to seek explicit authorization for indefinite detention without trial would be seen by some of his supporters as a betrayal.

Opponents of a preventive detention law say that continuing to treat captives as detainees instead of defendants in court would support terrorists’ self-image as warriors rather than criminals. And though the Guantánamo center might be closed, they say, the new law would effectively import Guantánamo and its image into the United States.

“Not only do you not need a system of preventive detention, but it would perpetuate the problem of Guantánamo and put us right back in the same dead end we are in now,” said Elisa Massimino, executive director of Human Rights First.

On the other hand, some proponents of such a law say it would clarify questions left murky by the Bush administration’s years of legal battles over Guantánamo. Benjamin Wittes, a fellow at the Brookings Institution, argued in a book published in June that Americans needed to cross a “psychological Rubicon” and accept the idea that preventive detention was a necessary tool for fighting terrorism.

“I’m afraid of people getting released in the name of human rights and doing terrible things,” Mr. Wittes said in an interview.

He said debates over Guantánamo had created a mythology that American law permitted detention only upon conviction of a crime. Locking up mentally ill people who are deemed dangerous, he noted, is an accepted American legal practice.

At the heart of the debate about whether a preventive detention law is necessary is uncertainty about the risks of criminal trials. Some lawyers warn that given the nature of evidence against some Guantánamo detainees, prosecutors may not be able to convict them.

“We have lots of information that is reliable, that tells us someone is a threat and that cannot be proved in court,” said Andrew C. McCarthy, a former federal terrorism prosecutor who is now director of the Center for Law and Counterterrorism.

Putting detainees on trial in American courts could be difficult in part because suspects captured in war do not receive protections, like warnings against self-incrimination, that are standard police practice. And much evidence against the detainees is classified; intelligence officials say it cannot be disclosed.

Further, some interrogation practices, including the simulated-drowning technique of waterboarding, might leave crucial government evidence unacceptable to American judges.

Jack L. Goldsmith, a former Justice Department official in the Bush administration who has written a book critical of some of the administration’s legal strategies, is among those calling for a preventive detention law.

Professor Goldsmith, who teaches at Harvard Law School, said in an interview that he believed the administration had correctly asserted a right to detain the men held at Guantánamo. But, he said, Congressional approval would “ensure that we can legitimate holding people for a long term.”

In the absence of such a law, any plan to move even some of the remaining 250 Guantánamo prisoners to the United States would require a careful analysis of the authority to hold the detainees, several of whom have said they would relish an opportunity to kill Americans.

In the end, the Obama administration may conclude that it is simply not feasible to seek a new preventive detention measure. Doing so could portray the new administration as following in the footsteps of President Bush, surely an unlikely goal as Mr. Obama sorts through his options.

Add comment November 17th, 2008

Torture we can believe in?

Glenn Greenwald warns that a top Obama adviser, who is reportedly being considered for CIA Director, was a strong supporter of the Bush administration’s torture, rendition, and wiretapping programs. Let’s hope this is a sick rumor:

John Brennan and Bush’s interrogation/detention policies

By Glenn Greenwald

Last Wednesday, I wrote:

It simply is noteworthy of comment and cause for concern — though far from conclusive about what Obama will do — that Obama’s transition chief for intelligence policy, John Brennan, was an ardent supporter of torture and one of the most emphatic advocates of FISA expansions and telecom immunity.

Yesterday, Andrew Sullivan noted that observation but then linked to this post from James Gordon Meek of the Counterrorism blog, which reported that Brennan — a top CIA aide to George Tenet during most of the Bush administration — is a leading candidate to replace Mike McConnell and become Obama’s Director of National Intelligence.  Meek, not providing any links or citations, wrote:  ”Among many things Democrats like about the softspoken Brennan are his anti-torture views“ (emphasis added).  Andrew is right when he says:  “They both can’t be right.”

My statement about Brennan was based on several pieces of compelling evidence.  First, there is this detailed New Yorker article on Bush’s secret interrogation programs by Jane Mayer, unquestionably one of the nation’s best and most reliable reporters on these matters.  She wrote:

Without more transparency, the value of the C.I.A.’s interrogation and detention program is impossible to evaluate. Setting aside the moral, ethical, and legal issues, even supporters, such as John Brennan, acknowledge that much of the information that coercion produces is unreliable. As he put it, “All these methods produced useful information, but there was also a lot that was bogus.

Mayer explicitly identified Brennan –with whom she spoke concerning these programs — as a “supporter.”

Then there is Brennan’s December 5, 2005 appearance on The News Hour with Jim Lehrer, in which he vehemently defended the Bush administration’s use of rendition — one of the key tools to subject detainees to torture:

JOHN BRENNAN: I think over the past decade it has picked up some speed because of the nature of the terrorist threat right now but essentially it’s a practice the United States and other countries have used to transport suspected terrorists from a country, usually where they’re captured to another country, either their country of origin or a country where they can be questioned, detained or brought to justice. . . .

MARGARET WARNER: So was Secretary Rice correct today when she called it a vital tool in combating terrorism?

JOHN BRENNAN: I think it’s an absolutely vital tool. I have been intimately familiar now over the past decade with the cases of rendition that the U.S. Government has been involved in. And I can say without a doubt that it has been very successful as far as producing intelligence that has saved lives.

MARGARET WARNER: So is it — are you saying both in two ways — both in getting terrorists off the streets and also in the interrogation?

JOHN BRENNAN: Yes. The rendition is the practice or the process of rendering somebody from one place to another place. It is moving them and the U.S. Government will frequently facilitate that movement from one country to another. . . .

Also I think it’s rather arrogant to think we’re the only country that respects human rights. I think that we have a lot of assurances from these countries that we hand over terrorists to that they will, in fact, respect human rights.

And there are different ways to gain those assurances. But also let’s say an individual goes to Egypt because they’re an Egyptian citizen and the Egyptians then have a longer history in terms of dealing with them, and they have family members and others that they can bring in, in fact, to be part of the whole interrogation process.

Even when CBS News — for which Brennan was serving as an intelligence analyst — was reporting on the dreadful case of Maher Arar, the Canadian citizen whom the Bush administration abducted at JFK Airport and rendered to Sryia for 10 months to be tortured only for it to then be revealed that he had no connection whatsoever to terrorism, Brennan was defending the rendition program:

CBS NEWS: Despite Arar’s experience, this former counterterrorism official says “rendition” does have its place.

Mr. JOHN BRENNAN (CBS News Terrorism Analyst, Former Director, National Counterterrorism Center): I think it allows us to have the option to move a person who is involved in terrorism or terrorism-related activities to a country where they can be effectively questioned or prosecuted.

In November, 2007, Brennan — in an interview with CBS News’ Harry Smith — issued a ringing endorsement for so-called “enhanced interrogation tactics” short of waterboarding:

SMITH: You know, this all becomes such a giant issue because the president has gone on record so many times saying the United States does not torture. If we acknowledge that this kind of activity [waterboarding] goes on, you know, what does that mean, exactly, I guess?

Mr. BRENNAN: Well, the CIA has acknowledged that it has detained about 100 terrorists since 9/11, and about a third of them have been subjected to what the CIA refers to as enhanced interrogation tactics, and only a small proportion of those have in fact been subjected to the most serious types of enhanced procedures.

SMITH: Right. And you say some of this has born fruit.

Mr. BRENNAN: There have been a lot of information that has come out from these interrogation procedures that the agency has in fact used against the real hard-core terrorists. It has saved lives. And let’s not forget, these are hardened terrorists who have been responsible for 9/11, who have shown no remorse at all for the deaths of 3,000 innocents.

In the same interview, Brennan even defended — or at least justified — Michael Mukasey’s refusal to say whether waterboarding was “torture,” on the ground that by doing so, Mukasey would be admitting that the President broke the law (as though that is a valid reason for a prospective Attorney General to refuse to opine on a legal matter):

But I think Judge Mukasey is in a very difficult position right now as the attorney general nominee, to be asked whether or not this is torture. And if torture, then, is unconstitutional or illegal, they’re asking whether or not waterboarding is illegal and whether or not the individuals, which includes the president and others–if it was used, who authorized and actually used this type of procedure may be subject to some type of judicial action.

And in July, 2008, NPR attributed Obama’s reversal on FISA and telecom immunity to the fact that he was relying on the advice of Brennan, an emphatic supporter of those policies:

What’s important here is Obama’s reference to the information he’s received. He’s advised on intelligence matters by John Brennan, the former director of the National Counterterrorism Center. Like many intelligence professionals, Brennan says the FISA program is essential to the fight against terrorism. By adopting Brennan’s view, Obama improves his standing with the intelligence community. For someone looking ahead to a presidential administration, that’s important.

In fairness, Brennan, over the last couple of years, as he’s become more attached to Obama’s campaign, has several times said that waterboarding specifically is wrong, that it is “inconsistent with American values and it’s something that should be prohibited.”  In a 2006 PBS interview, he said that “the dark side has its limits”; that ”we’re going to look back on this time and regret some of the things that we did, because it is not in keeping with our values”; and, to his credit, he urged that there be much greater openness in debating policies such as eavesdropping and interrogation.

As I noted the other day, Obama is going to have a wide panoply of advisers and, especially now before they’re appointed, it’s important not to draw unwarranted conclusions or to believe the endless parade of gossip about who is going to be appointed to what positions. Still, Brennan has been and continues to be an extremely important adviser for Obama on intelligence issues.  His views on past administration conduct are, in many important instances, clearly disturbing and bear watching.

* * * * *

Last month, I interviewed Harper’s Scott Horton regarding a piece he had written on the efforts of several PBS officials, including Jay Rockefeller’s wife (the CEO of Washington’s PBS affiliate) to block broadcast of the documentary Torturing Democracy, which compellingly documents how virtually all of the torture and other illegalities and abuses of America’s interrogation programs were authorized and ordered at the highest levels of the Bush administration (of which waterboarding is but one small example).

That documentary is now available to be viewed in its entirety online — here — and I can’t recommend it highly enough.  Though it includes a few standard documentary tactics that I could do without (ominous music, grave-toned narration, black-and-white up-close photos of the villains), it is an extraordinarily well-documented account of America’s torture program over the last seven years and, most informatively, the role that top Bush officials played in those programs.  Notably, most of the sources on which it relies are former U.S. military and Bush administration officials who waged courageous though ultimately unsuccessful battles to halt these programs.

I’m particularly amazed that someone could be aware of this set of facts — could know that our highest government officials deliberately and knowingly authorized torture techniques that are war crimes under both U.S. law and international treaties to which we are a party — and still argue, as so many do, that it would be wrong to hold these political officials accountable for the laws they systematically violated.  It’s easy to say how horrendous one finds torture to be.  But those who simultaneously advocate that American political leaders should be immunized from the consequences of their criminality — that, in essence, we should refrain from enforcing these laws — are proving that those are empty words indeed.

UPDATE:  The aforementioned James Gordon Meek, who is the Washington correspondent for The New York Daily News, sent me a reply this morning by email, which is posted here.  My response to him is also posted there.

Add comment November 17th, 2008

Accountability: Are torture trials out?

Obama advisers are telling the AP that it is unlikely that there will be torture prosecutions:

Obama advisers: No charges likely vs interrogators

Obama advisers say no charges likely against workers who authorized harsh interrogation methods

By Lara Jakes Jordan

Barack Obama’s incoming administration is unlikely to bring criminal charges against government officials who authorized or engaged in harsh interrogations of suspected terrorists during the George W. Bush presidency. Obama, who has criticized the use of torture, is being urged by some constitutional scholars and human rights groups to investigate possible war crimes by the Bush administration.

Two Obama advisers said there’s little — if any — chance that the incoming president’s Justice Department will go after anyone involved in authorizing or carrying out interrogations that provoked worldwide outrage.

The advisers spoke on condition of anonymity because the plans are still tentative. A spokesman for Obama’s transition team did not respond to requests for comment Monday.

Additionally, the question of whether to prosecute may never become an issue if Bush issues pre-emptive pardons to protect those involved.

Obama has committed to reviewing interrogations on al-Qaida and other terror suspects. After he takes office in January, Obama is expected to create a panel modeled after the 9/11 Commission to study interrogations, including those using waterboarding and other tactics that critics call torture. The panel’s findings would be used to ensure that future interrogations are undisputedly legal.

“I have said repeatedly that America doesn’t torture, and I’m going to make sure that we don’t torture,” Obama said Sunday on CBS’ “60 Minutes.” “Those are part and parcel of an effort to regain America’s moral stature in the world.”

Obama’s most ardent supporters are split on whether he should prosecute Bush officials.

Asked this weekend during a Vermont Public Radio interview if Bush administration officials would face war crimes, Senate Judiciary Chairman Patrick Leahy flatly said, “In the United States, no.”

“These things are not going to happen,” said Leahy, D-Vt.

Robert Litt, a former top Clinton administration Justice Department prosecutor, said Obama should focus on moving forward with anti-torture policy instead of looking back.

“Both for policy and political reasons, it would not be beneficial to spend a lot of time hauling people up before Congress or before grand juries and going over what went on,” Litt said at a Brookings Institution discussion about Obama’s legal policy. “To as great of an extent we can say, the last eight years are over, now we can move forward — that would be beneficial both to the country and the president, politically.”

But Michael Ratner, a professor at Columbia Law School and president of the Center for Constitutional Rights, said prosecuting Bush officials is necessary to set future anti-torture policy.

“The only way to prevent this from happening again is to make sure that those who were responsible for the torture program pay the price for it,” Ratner said. “I don’t see how we regain our moral stature by allowing those who were intimately involved in the torture programs to simply walk off the stage and lead lives where they are not held accountable.”

In the years after the Sept. 11, 2001, terror attacks, the White House authorized U.S. interrogators to use harsh tactics on captured al-Qaida and Taliban suspects. Bush officials relied on a 2002 Justice Department legal memo to assert that its interrogations did not amount to torture — and therefore did not violate U.S. or international laws. That memo has since been rescinded.

At least three top al-Qaida operatives — including 9/11 mastermind Khalid Sheik Mohammed — were waterboarded in 2002 and 2003 because of intelligence officials’ belief that more attacks were imminent. Waterboarding creates the sensation of drowning, and has been traced back hundreds of years and is condemned by nations worldwide.

Bush could take the issue of criminal charges off the table with one stroke of his pardons pen.

Whether Bush will protect his top aides and interrogators with a pre-emptive pardon — before they are ever charged — has become a hot topic of discussion in legal and political circles in the administration’s waning days. White House deputy press secretary Tony Fratto declined to comment on the issue.

Under the Constitution, the president’s power to issue pardons is absolute and cannot be overruled.

Pre-emptive pardons would be highly controversial, but former White House counsel Arthur B. Culvahouse Jr. said it would protect those who were following orders or otherwise trying to protect the nation.

“I know of no one who acted in reckless disregard of U.S. law or international law,” said Culvahouse, who served under President Ronald Reagan. “It’s just not good for the intelligence community and the defense community to have people in the field, under exigent circumstances, being told these are the rules, to be exposed months and years after the fact to criminal prosecution.”

The Federalist Papers discourage presidents from pardoning themselves. It took former President Gerald Ford to clear former President Richard Nixon of wrongdoing in the 1972 Watergate break-in.

Add comment November 17th, 2008

Will Obama follow through on pledge to end “enhanced interrogation” program?

CQ Politics asks if Obama will follow through on his promise to restrict the CIA to use only the tactics in the Army Field Manual. The AFM is problematic enough, as it allows the use of isolation, sensory deprivation, and “fear up harsh.” However, it would be a decided advance over the Bush-era “enhanced interrogation” program:

Hill Democrats Wait for Obama Stance on Interrogation Standards

By Tim Starks

Top Democrats on congressional intelligence panels could be heading for conflict with President-elect Barack Obama over interrogation policies, a subject over which they often clashed with President Bush.

Obama said earlier this year he supported legislation that would have mandated that the CIA and other agencies subscribe to a 2006 Army field manual’s guidelines on interrogation practices, which would have the effect of banning harsh treatment of detainees such as waterboarding. But some media reports have raised questions about whether Obama would use his executive powers to mandate the same interrogation standards once he is in the White House.

Sen. Dianne Feinstein , D-Calif., one of Congress’ leading proponents of banning harsh interrogation methods, is expected to take over the gavel at the Intelligence Committee.

“Sen. Feinstein intends to introduce legislation that would require America’s intelligence agencies to follow the Army field manual in interrogations; to prohibit the use of contractors in interrogations; to grant the International Committee of the Red Cross access to detainees; and to close the Guantánamo Bay detention facility within one year,” said a spokesman, Phil LaVelle. “If President Obama accomplishes these goals through executive action, then we won’t need to pursue them legislatively as well.”

Rep. Rush Holt, a New Jersey Democrat who chairs the select Appropriations subcommittee that recommends intelligence funding, said this week that Obama should take seven steps to improve the treatment of detainees. An aide to Holt said that he expected a standard of treatment during interrogations that is at least equal to that of the Army field manual.

“While an executive order will not remove the need for legislation on the issue, it is a way for President-elect Obama to put an immediate halt to our government’s use of torture during interrogations and to prevent secret detentions,” said Holt, chairman of the Select Intelligence Oversight Panel. “By exercising his authority and acting quickly, he will begin to restore our moral leadership on the issue and repair some of the harm that has been done to our international reputation.”

Although Obama issued a statement during the campaign supporting the idea of applying the Army field manual interrogation standard to all agencies, not just the Pentagon, a senior campaign adviser to Obama left the door open to applying another standard.

“He [believes] torture not be allowed in any form or fashion in any part of the federal government, and he would make sure that was the case,” said John Brennan, who served under former CIA chief George J. Tenet in a variety of capacities at a time when the agency has since acknowledged it waterboarded a small number of terror suspects.

“Whether the Army field manual is comprehensive enough to cover all those tactics and techniques, that’s something I think he’d look to his national security advisers for,” Brennan said in an interview with CQ in August.

The Wall Street Journal, citing a “current government official familiar with the transition,” reported this week that “Obama may decide he wants to keep the road open in certain cases for the CIA to use techniques not approved by the military, but with much greater oversight.”

Opponents of using the Army field manual standard at the CIA said that interrogators there are more experienced than Pentagon interrogators and therefore are better equipped to apply techniques not listed in the manual.

The bill that included the Army field manual guidelines (S 2996) stalled this summer.

Feinstein’s expected move to chair the Intelligence panel took an additional step forward Friday when the incumbent, John D. Rockefeller IV , D-W.Va., wrote in an e-mail to staff that he would be leaving to take over the Commerce, Science and Transportation Committee. The move would have to be approved by the Democratic steering committee and caucus.

“The decision to do so was extremely difficult for me,” Rockefeller wrote. “The critical importance of rebuilding America’s infrastructure and sagging economy ultimately tipped the balance in my thinking and lead me to relinquish chairmanship of a committee that I love and of a staff who individually and collectively are a continual source of pride for me.”

Add comment November 16th, 2008

Accountability: Benjamin on Truuth Commission and Obama

Mark Benjamin, in Salon, writes what he is hearing of Obama’s plans for a truth Commission, with possible, though not that likely, future prosecutions. Hanging over the latter is the threat of a blanket Bush pardon for those involved in the torture program:

Obama’s plans for probing Bush torture

President Bush could pardon officials involved in brutal interrogations — but he may also face a sweeping investigation under the new president.

By Mark Benjamin

WASHINGTON — With growing talk in Washington that President Bush may be considering an unprecedented “blanket pardon” for people involved in his administration’s brutal interrogation policies, advisors to Barack Obama are pressing ahead with plans for a nonpartisan commission to investigate alleged abuses under Bush.

The Obama plan, first revealed by Salon in August, would emphasize fact-finding investigation over prosecution. It is gaining currency in Washington as Obama advisors begin to coordinate with Democrats in Congress on the proposal. The plan would not rule out future prosecutions, but would delay a decision on that matter until all essential facts can be unearthed. Between the time necessary for the investigative process and the daunting array of policy problems Obama will face upon taking office, any decision on prosecutions probably would not come until a second Obama presidential term, should there be one.

The proposed commission — similar in thrust to a Democratic investigation proposal first uncovered by Salon in July — would examine a broad scope of activities, including detention, torture and extraordinary rendition, the practice of snatching suspected terrorists off the street and whisking them off to a third country for abusive interrogations. The commission might also pry into the claims by the White House — widely rejected by experienced interrogators — that abusive interrogations are an effective and necessary intelligence tool.

A common view among those involved with the talks is that any early effort to prosecute Bush administration officials would likely devolve quickly into ugly and fruitless partisan warfare. Second is that even if Obama decided he had the appetite for it, prosecutions in this arena are problematic at best: A series of memos from the Bush Justice Department approved the harsh tactics, and Congress changed the War Crimes Act in 2006, making prosecutions of individuals involved in interrogations more difficult.

Instead, a commission empowered by Congress would have the authority to compel witnesses to testify and even to grant immunity in exchange for information. Should a particularly ugly picture emerge, the option of prosecutions would still theoretically be on the table later, however unlikely.

In Obama’s camp, there is a sense among some that such a commission would essentially mean letting Bush get away with crimes. “People have called for criminal investigations,” one person familiar with the talks told me this summer as plans got under way. On Wednesday, a person participating in the talks confirmed that some people involved in the planning felt strongly that the commission would amount to “bullshit” and that Bush officials should be prosecuted to the full extent of the law.

But few think prosecutions are realistic, given the formidable legal hurdles and the huge policy problems competing for Obama’s attention. Among them is the complicated task of closing down the military prison at Guantánamo Bay, which Obama advisors say is a priority. Some observers outside the Obama camp are also questioning how much Democrats really want exposed with regard to interrogation, since top Democrats in Congress were briefed in secret on some of the harshest tactics used by the CIA and appear to have done little, or perhaps nothing, to stop them.

Further complicating the Obama team’s planning is uncertainty about what President Bush might do. On the one hand, a blanket pardon for anyone involved in the interrogations could be viewed by the public as a tacit admission of colossal wrongdoing — after years of public denial — which would do nothing to help Bush’s tarnished legacy. Yet, if the administration fears an investigation will follow Bush out the door in January, they may not want to leave officials exposed to potentially revealing criminal proceedings. Bush might seek to frame a blanket pardon as a preemptive strike against wrongheaded, partisan retribution.

Constitutional scholars say a pardon of this kind would be an unprecedented move — the prospective pardon of not just individuals but entire categories of people, perhaps numbering in the thousands, for carrying out the president’s orders , which the White House has argued all along were legal.

Those scholars agree, however, that Article II of the Constitution gives Bush much latitude: There is no authority that can stop the president from doing so if he wishes, and there is no outside check or balance to revisit such a decision, however controversial it may be. “The president can do with pardoning power whatever he wants,” explained University of Wisconsin Law School professor Stanley Kutler. “It is complete and plenary unto itself.”

A blanket pardon from Bush could cover, for example, anyone who participated in, had knowledge of, or received information about Bush’s interrogation program during the so-called war on terror. Not only are there potentially too many people to name without risking missing somebody, but some of the names are presumably classified.

“The classic pardon is an identifiable individual; here you are talking about potentially thousands of people involved in illegal activities,” explained Jonathan Turley, a professor at George Washington Law School. A blanket pardon of this variety, Turley said, “would allow a president to engage in massive illegality and generally pardon the world for any involvement in unlawful activity.”

There are, in fact, some constitutional scholars who believe a pardon might actually facilitate more complete participation in a fact-finding commission, by removing the threat of looming liability. “Holding people accountable is certainly nice, but in terms of healing the country and moving forward, so is actually getting a clear picture of what happened and letting the public make an informed decision,” said Kermit Roosevelt at the University of Pennsylvania Law School. “If we had a pardon followed by something like a truth and reconciliation commission, that might not be such a bad outcome.” (Roosevelt represents a detainee held at Guantánamo.)

The politics of it would be fraught with danger, however, and could so blemish Bush’s legacy that some doubt he would go so far. “A pardon is an admission of guilt,” noted Donald Kettl, a political science professor at the University of Pennsylvania. Bush has argued for years that his interrogation program was perfectly legal. With a pardon, Kettl said, Bush is essentially saying, “Gee, maybe we did not do the right thing.”

It is not entirely unprecedented for a president to grant a pardon based on a category of behavior, rather than pardoning an individual by name. The day after his inauguration, President Carter pardoned all those who avoided the Vietnam draft by failing to register or by fleeing to Canada. George Washington pardoned participants in the 1794 Whiskey Rebellion. Andrew Johnson pardoned Confederate soldiers in 1865.

But these were pardons designed to foster reconciliation, handed out to categories of individuals who acted on their own conscience, rather than the president’s own allegedly illegal orders. “This would be a different deal completely,” explained Kettl. “It would be anticipating that people thought the official policy of the administration was wrong.”

Add comment November 14th, 2008

APA President Kazdin replies to Arrigo-Wessells letter

APA President Kazdin has replied to the Arrigo-Wessells letter cautioning of repeating the PENS task force problems with the new implementation committee:

Dear Drs. Arrigo and Wessells,

Thank you for your letter regarding the formation of the APA Presidential Advisory Group on the Implementation of the Petition Resolution. I, too, am optimistic that the work of this group will help to unite the organization and enable us to move forward to implement this new policy, which was approved by a vote of our membership.

Over the past few weeks, we have received several recommendations regarding the group process - all that it ought to and ought not to include. In response to your words of caution, I can assure you that the process has been, and will continue to be, open and transparent. While I appreciate your suggestion of an independent monitor, I have invited all three original sponsors of the petition for the very purpose of ensuring that the views and interests of those bringing the petition forward are well represented in the group’s discussions.
I would be grateful if you would forward this response to those you copied on your email.

Thank you.

Best wishes,

Alan

Alan E. Kazdin, Ph.D., ABPP
President, American Psychological Association
John M. Musser Professor of Psychology and Child Psychiatry
Department of Psychology
Yale University
PO Box 208205
New Haven, CT 06520-8205

Add comment November 13th, 2008

Accountability: Prominent talk show host calls for Hague trial for Cheney

As the Bush regime slowly ends, the discussion about how to deal with its multitude of human rights violations has commenced in earnest. From human rights blog Never In Our Names comes word that Gene Burn, prominent West-Coast talk show figure, has changed his mind and now believes that an international tribunal to try Vice President Cheney for torture is justified:

Influential Talk-Show Host Shifts Position: Cheney To The Hague

By blueness

For 30 straight years KGO has been the most listened-to AM radio station in the San Francisco Bay Area. From dusk till dawn, it can also be heard throughout the entirety of the west coast, from Canada to Mexico. KGO pioneered the talk-radio format, long before it was seized and exploited by the rightwing noise machine. The station employs local, non-syndicated hosts, all of whom consistently rank first in their time slots. Hosts run the left-coast political gamut, from the vacuous, muddle-headed centrist Ronn Owens, to the fiery renegade Ray Taliaferro, who contends that a close reading of scripture discloses that Jesus was gay, and most commonly refers to George II as “that idiot out of Texas.”

Occupying the 7-10 p.m. time slot is Gene Burns, who has been in radio for more than 40 years, the past 14 at KGO. Burns is a recently lapsed Libertarian; he sought the party’s presidential nomination in 1984, but, after supporting John Kerry in 2004, this year he made the great leap, and registered as a Democrat. He is a pedant, and something of a blowhard, but is extremely influential with more moderate listeners put off by the station’s fire-breathing lefties. Burns has consistently opposed impeachment proceedings against George II and Darth Cheney as frivolous and unwarranted: these men have not, to his mind, committed impeachable offenses. Challenged by callers contending that these men approved the torture of fellow human beings, Burns has maintained that the United States has not tortured; even waterboarding, to him, does not constitute torture.

Wednesday night, all this changed. After viewing on his local PBS affiliate the documentary Torturing Democracy, Burns told his listeners, he realized he had been wrong. The United States has tortured. It has also engaged in extraordinary renditions, for the purpose of torture. While Burns still believes impeachment to be a non-starter, he has concluded that, in the treatment of prisoners at Guantanamo Bay and in other sites overseas, Dick Cheney is guilty of war crimes and crimes against humanity, and should be brought to trial before an international tribunal at The Hague. With the expectation that, in the course of Cheney mounting his defense, he may implicate George II as equally culpable in the commission of the same crimes.

Burns urged his listeners to view Torturing Democracy, which is available, in full, here. Burns can be an obstinate cuss, not often inclined to admit error: this documentary, which I have not seen, must indeed be powerful. For Burns was heretofore no member of our choir: prior to viewing Torturing Democracy, he was adamant that no such crimes had been committed “in our names.”

I’m not here to scoff at him; I’m here to praise him. Admitting to error is very hard: I struggle with it, all the time, myself. Our outgoing president, of course, famously could not admit to a single mistake made in his first term. Burns is a better man than that. He was eloquent, tonight, in the explanation of his evolution; below is a transcript of some of what he said, taken from the station’s archived audio (which will be available here, if you’d like to listen yourself, until 10 p.m. PST on Thursday).

I now believe that some international human rights organization ought to open an investigation of the Bush administration, I think focused on Vice President Dick Cheney, and attempt to bring charges against Cheney in the international court of justice at The Hague, for war crimes. Based on the manner in which we have treated prisoners at Guantanamo Bay, and the manner in which we have engaged in illegal rendition, that is, surreptitiously kidnapping prisoners and flying them to foreign countries where they could be tortured by foreign agents who do not follow the same civilized standards to which we subscribe.

I’ve always said that I’ve thought that even at Guantanamo Bay the United States was careful to stay on this side of torture. In fact, you may recall that on a couple of occasions we got into a spirited debate on this program about waterboarding, and whether waterboarding was torture. And I took the position that it was not torture, that it was simulated drowning, and that if that produced information which preserved our national security, I thought it was permissible.

And then I saw Torturing Democracy.

And I’m afraid, now that I have seen what I have seen, that I was wrong about that. It looks to me, based on this documentary, as if in fact we have engaged in behavior and practices at Guantanamo Bay, and in these illegal renditions, that are violations of the international human rights code.

And I believe that Dick Cheney is responsible. I believe that he was the agent of the United States government charged with developing the methodology used at Guantanamo Bay, supervising it for the administration, and indulging in practices which are in fact violations of human rights.

Why not George Bush? I think that it would be easier to nail Cheney. And there’s a certain method to this madness: that if you go after Cheney–seriously, I’m talking now about a serious investigation by an international tribunal, and charges brought against him in the international court, so that he would be subject to arrest, and trial, just as Milosevic and some of the people involved in these behaviors in the Balkans were–that that would force Cheney, in his defense, to disclose the degree to which the president, George W. Bush, was culpable in any of this, if culpable at all.

I really found this documentary, Torturing Democracy, very, very disturbing. And I guess the reason that heretofore I have not been such an easy mark on the matter of this kind of charge is that I don’t think I ever saw an organized, systematized review of what we did, and how we did it, as well presented as it was in this documentary.

And it grieves me to say, as an American citizen, that I believe the leadership of our country is responsible for crimes against humanity. But, you know, we can’t be trumpeting about the behavior of others, like Milosevic, and others, if we do not expect ourselves to be held to a similar high standard.

And no matter our desire to preserve and protect our national security, which is uppermost in the minds of all of us, and something which our leaders are sworn to do by oath, if to do that we have to engage in torture, we should not do it.

And as this documentary points out, there is no indication that any significant, credible evidence that made us safer was ever developed or deduced or adduced during these sessions. And in my view, some of these sessions went over the line.

And I’d like to see a panel of international court judges review the evidence. They might not agree. They might find Vice President Cheney not guilty–who knows? But I’d certainly like to see a trial of Dick Cheney as the responsible party in the United States government for developing tortures that were violations of our obligations under international concordants and treaties involving human rights violations.

If you keep listening, you will hear what we–and now he–are up against. The very first caller, an aging veteran, announced that Burns had “disgraced” himself; that “war is hell” and thus such things happen; that to sound such views but two days after Veterans Day constituted an offense against the United States. The caller concluded by saying that it was his belief that Burns should be jailed. Burns, who has a temper, invited the caller to go out and purchase some handcuffs, and then come down to the station to see whether he might succeed in locking them around Burns’ wrists.

A little later came the opposite end of the spectrum: a caller who sneered at Burns for coming too late to the issue, and demanded that Cheney be “publicly executed.”

Somewhere between these extremes must steer the serious people.

Can Dick Cheney be made to stand before The Hague? Maybe. Maybe not. The concept of international criminal tribunals is so fresh, and Darth Cheney is an awfully fat fish. But it is certain that every step taken towards such a day, even if that day is in the end never reached, helps insure that future Cheneys will be less likely to engage in similar behavior. And it is equally true that every sober, serious voice that states that Cheney deserves to be brought before The Hague, helps to push that position farther from fringoid fantasy, and closer to common wisdom.

So welcome to our world, Mr. Burns. And thank you.

Add comment November 13th, 2008

Cautionary letter to APA President Kazdin

UPDATED 11-13-2008. Jean Maria Arrigo and Mike Wessells, two members of the American Psychological Association’s infamous PENS task force (Psychological Ethics and National Security), have written to letter to APA President Kazdin warning of the dangers of repeating PENS flaws in the process of the Implementation Committee for the recently passed APA referendum banning psychologists working in detention centers operating outside of or in violation of international law or the Constitution. [Daily Kos blogger and psychologist Valtin has provided his take on the Implementation Committee in a new post.]:

Dear President Kazdin:

We, Jean Maria Arrigo and Mike Wessells, are writing in response to news of your formation of the Presidential Advisory Group on the Implementation of the Petition Resolution. With this committee, the APA has a new opportunity to unite the organization by effectively implementing the policies widely adopted by vote of the membership.

Yet we also see that setting up the organizational structure, charge, and guidelines for communication and transparency warrants caution. As members of the 2005 Presidential Task Force on Psychological Ethics in National Security (PENS), we wish to warn of certain procedural irregularities in the PENS process that are potential pitfalls for successful implementation of the referendum. These irregularities led to a fraudulent process that undermined the ostensible purpose of PENS:  to develop ethical guidelines for psychologists in national security interrogations.

It appears to us that the fraudulent PENS process was the root cause of many of the APA’s difficulties in the past three years because it prevented true deliberation. As much as anything else, it deprived thoughtful, honest advocates for psychologists’ involvement in interrogations of the opportunity to present a credible case for their position.

Many of the stakeholders to the PENS process are involved in the Implementation process, directly or indirectly. It is therefore crucial that the actual Implementation process — as opposed to the public face of the process — be transparent, fair, and deliberative. To illustrate both the subtlety and the gravity of violations in the PENS procedures, and the potential for violations in the Implementation process, we offer four examples from among a dozen that equally de-legitimized the PENS effort. All of these can be substantiated. Not one has been publicly acknowledged by APA authorities. There were other— in some ways more dramatic and egregious—violations of independent, democratic process, but the following examples particularly signal risks to the work of the new Advisory Committee.

1. As psychologists we are aware that majority influence plays a great role in group decision-making. The undisclosed “observers” to the PENS task force meeting included: the Assistant Director of Social, Behavioral, and Educational Sciences for the White House Office of Science and Technology Policy; the Executive Director for APA Science Policy; a second APA Science Policy staff member; a former National Security Agency psychologist and former director of the Navy Internship Program; and the Director of the APA Practice Directorate. At least the first four of these five had been closely involved in securing defense-related funding for APA programs. And all received the PENS listserv communications. Their presence and involvement was inconsistent with what anyone would understand by the “public face” of the PENS task force.
2. An APA Board liaison to the PENS task force was the first to suggest that the Director of the APA Practice Directorate attend the PENS meeting as an “observer,” because, as he wrote on the pre-meeting PENS listserv, “this TF has direct implications for practice.” In the morning of the first day of the June 26-29, 2005 task force meeting, it was this same Board liaison who proposed confidentiality of the task force proceedings, although no sensitive issues had yet arisen. This subtle intrusion by the APA Board exceeds the official role of Board liaison.
3. The Director of the APA Practice Directorate indeed attended, but not as mere observer. This Director articulated the task force mission as “putting out the fires” of controversy at APA, rather than resolving complex questions in psychological ethics. With cooperation from the task force chair (who was simultaneously vice-chair of the APA Ethics Committee), the Director steered the task force toward policy to be made in extreme haste, secrecy, with only an appearance of unanimity, and with no concrete examples to substantiate the policy.
Further the Director of the Practice Directorate was married to a BSCT psychologist who had served at Guantánamo, one of the theaters of concern to the task force. His spouse was closely involved with Army Surgeon General Kiley and, along with two other task force members, was part of the almost immediate military review of the PENS report with General Kiley. Other task force members employed by the military and intelligence agencies and APA task force organizers were surely aware of these profound conflicts of interest, although the Director disclosed no such influential relationships at the meeting.
4. As is now publicly known, one military member of the task force had been involved in the so-called “reverse engineering” of the Survival Evasion Resistance and Escape (SERE) training program to produce abusive techniques for terror suspects and prisoners of war. At least one of his colleagues on the task force was certainly aware of his severe conflict of interest. Further, four of the task force members served in the chains of command that had been accused of abuses.

The PENS process generated cadres of fierce critics of APA policy, whose researches eventually exposed many of the specific instances and mechanisms of fraud. These same cadres of APA members, international psychologists, human rights scholars, and journalists have their eyes on the Implementation process.

To fulfill the promise of your Presidential Advisory Group on the Implementation of the Petition Resolution, and because the PENS process so deeply damaged trust in APA institutional process, we think three things are needed: (a) a fair and transparent process, (b) committee participants who are free from overt conflicts of interest (whether disclosed or undisclosed), and (c) a reputable, independent monitor. We do not at all question your sincerity. This is not the point. Nevertheless, however far down the path you feel you are to a fair and transparent process, we urge you to arrange for a reputable, independent monitor. Such a practice will finally help put out the fires of controversy at APA over psychological ethics in interrogations.

Thank you very much for your time in considering our letter.

Sincerely,

Jean Maria Arrigo, PhD

Michael Wessells, PhD

UPDATE

APA President Kazdin has replied to the Arrigo-Wessells letter:

Dear Drs. Arrigo and Wessells,

Thank you for your letter regarding the formation of the APA Presidential Advisory Group on the Implementation of the Petition Resolution. I, too, am optimistic that the work of this group will help to unite the organization and enable us to move forward to implement this new policy, which was approved by a vote of our membership.

Over the past few weeks, we have received several recommendations regarding the group process - all that it ought to and ought not to include. In response to your words of caution, I can assure you that the process has been, and will continue to be, open and transparent. While I appreciate your suggestion of an independent monitor, I have invited all three original sponsors of the petition for the very purpose of ensuring that the views and interests of those bringing the petition forward are well represented in the group’s discussions.
I would be grateful if you would forward this response to those you copied on your email.

Thank you.

Best wishes,

Alan

Alan E. Kazdin, Ph.D., ABPP
President, American Psychological Association
John M. Musser Professor of Psychology and Child Psychiatry
Department of Psychology
Yale University
PO Box 208205
New Haven, CT 06520-8205

Add comment November 12th, 2008

Psychologists screening detainees in Iraq for “threat” to occupation

An article from last June’s Financial Times by Andrew Wood, a Fellow at the Harvard Law School human rights program, calls attention to a use of psychologists in Iraq detention facilities as part of their detainee screening and reeducation program. This use raises different ethical issues than does the use in interrogations. Here are the relevant excerpts on psychologists:

A document produced by a contractor of religious services in the detention centres suggests that the imams and psychologists working with detainees make recommendations to the MNFRC board based on three factors: whether a detainee presents “no security threat”, a “psychological threat” or an “ideological threat”.

But who constitutes an ideological threat - and how would you know?

How to “flip” a radical

Because Stone hopes to treat the root causes of the insurgency, incoming detainees are put through a week-long screening by psychologists, education specialists and imams. The detainees answer questions about their education, religious background and psychological state. Most questions are benign. Will he watch television? Does he smoke? “If he has a beard, it’s a data point,” Stone says.

And:

General Petraeus recently announced that the US would significantly reduce the number of detainees it holds in Iraq. They are currently being released at a rate of 40 per day, while new detentions are made at about 25 a day. The military, meanwhile, has never defined “imminent security threat”, the UN standard required for detention. Other than Stone’s modest reforms, nothing seems to indicate rigorous due process. A document produced by a contractor of religious services in the detention centres suggests that the imams and psychologists working with detainees make recommendations to the MNFRC board based on three factors: whether a detainee presents “no security threat”, a “psychological threat” or an “ideological threat”.

Here is the complete article:

The business end

By Andrew K. Woods

Friday Jun 27 2008

The top half of Major General Douglas Stone’s head is covered with black hair, slicked back a la Gordon Gecko, a businessman’s coif that suggests money or power or both. The bottom half is a ring of grey, shaved in a severe military fade. It is a dual-use cut: in a suit he is all business; with a helmet on, he is a Marine Commander.

Seated in the back of a black hawk helicopter, shrouded in kevlar body armour and desert fatigues, he appears the marine. To his right sits his personal security detail, a grave-looking fellow with a Bowie knife and two shotgun rounds strapped to his flak jacket. To his left sits a leather attache case.

The land below is barren, save the occasional train of camels, and the only indication that we’ve entered Iraqi airspace is the sound of the gunner locking and loading his heavy machinegun. After 25 miles of dust and wind, a large structure becomes visible in the distance. The helicopter approaches a huge 400-acre grid of wire, containers and stadium lights, and circles it twice, tilting nearly 90 degrees as it turns, giving Stone a wide-angle view of Camp Bucca, America’s largest detention centre in Iraq.

Surveying the structure, Stone could be the mayor of a small city. And in a sense, he is. Camp Bucca, which is named after a New York City fireman who died on September 11 2001, is said to be Iraq’s 63rd-largest community. It is the third-largest forward operating base in Iraq, and the only place south of Baghdad with continuous electrical power. “I’m told it’s bigger than 78 per cent of all American cities,” Stone says with pride. He is the Commanding General of Task Force 134 (Detainee Operations), charged with overseeing the coalition’s 19,000 detainees here at Camp Bucca, and another 3,000 held at Camp Cropper near Baghdad. By comparison, the US holds 630 detainees at Bagram Air Force base in Afghanistan and 275 at Guantanamo Bay.

An imperial city like this - guarded by an occupying army whose legitimacy has been in the balance since the prison abuse scandal at Abu Ghraib in 2004 - is an unlikely place to test the claim that a more humane military is a more effective one. But, then, Stone is an unlikely commander. A Marine reservist who made a fortune in Silicon Valley before taking a doctorate in public administration, he is now fanatical about winning what he calls “the battlefield of the mind”.

Since arriving in Iraq, he has instituted significant changes to coalition detention centres, including new review boards which explain to detainees why they are being held and what they can do about it; a pledge-and-guarantor programme whereby soon-to-be-released detainees swear in front of a judge that they will not return to the fight; increased family visits to the prisons; education programmes, including maths, Arabic and English classes; vocational training programmes; and religious discussion classes, where privately hired sheikhs discuss the Koran with detainees.

The reforms may seem obvious as a matter of law, or common sense, but they represent a significant shift from the US military’s previous detention regime in Iraq, under which increasing numbers of detainees were warehoused and riots were commonplace.

Seen from above, the 20-odd compounds of the Bucca camp have a clinical stillness that befits what goes on below: what Stone calls his massive “social experiment”, and what his critics call the world’s largest religious re-education camp.

The “war of ideas” revived

The headquarters of Task Force 134 is set apart from the rest of what is now called “camp victory” on the outskirts of Baghdad, 300 miles northwest of Camp Bucca. General Stone’s office is spare, save a bookshelf lined with volumes about counterinsurgency and the rule of law. Above his desk, Stone has tacked a piece of crayon-lettered fan mail from an American boy: “Dear soldier,” it reads, “I hope you win and this is what I want you to do punch them and kick them and whack them with your gun and thorw boms [sic] at them and win!!!”

Stone admires the boy’s singular focus. It was his own obsession with victory, after all, that drove him to leave the military in 1978, just five years after graduating from the Naval Academy, to work as David Packard’s assistant at the fast-growing Hewlett-Packard. It was why he says he walked away from an IBM vice-presidency several years later to start his own small tech company, risking the mortgage on his California home in the process. And it was what led him to fly across the world last year to run a detention system no one else wanted to touch. Stone lives to win.

The boy’s letter also seems to doubt the logic of soft power brandished by an invading army. Stone himself brags that he has “a high tolerance, a very high tolerance” for killing. “Don’t get me wrong,” he says. “You have to have violence. The moderate mosques had extremist imams. Those extremist imams are now with Allah.”

Stone’s great innovation, however, is that the US and its allies must limit indiscriminate killings - and detainee mistreatment - as a matter of public diplomacy rather than principle. This theory is a military doctrine that offers rare common ground for human rights advocates and hard-nosed generals, and it is one Stone has been working on for a while.

In the 1990s, after he graduated from Stanford Graduate School of Business, and at the same time that he “bounced in and out of” several tech firms and acquired hundreds of acres of northern California’s wine country, Stone was working towards a doctorate in public administration at the University of Southern California. His dissertation is a study of international non-government networks, which he said would wield power by relying on “information operations and perception management … to attract rather than coerce”. By then a Lieutenant Colonel in the Marine Corps reserves, Stone received his doctorate two weeks before September 11. In the wake of those attacks, many American pundits stressed the importance of winning the “war of ideas”. The “terror war” would be fought “on the plane of theories, arguments, books, magazines, conferences, and lectures”, wrote the social historian and neo-conservative Paul Berman. “It was going to be a war about the ‘cultural influences’ that penetrate the Islamic mind … it was going to be, in the end, a war of persuasion.”

But all of that faded once attention turned to Iraq, and the US announced it would invade regardless of its ability to persuade. Military strategists turned their focus to kinetic battle tactics and the complexities of the Ba’athist hierarchy. Only after a full-blown insurgency had taken root and the crimes of Abu Ghraib had come to light did strategy discussions return to soft power. The military drafted a new counterinsurgency manual, and while it did not spell out detailed detention policies, it did emphasise the harms of wrongful detention, noting that in Algeria and in Northern Ireland, mass detentions had stoked the flames of local insurgencies.

At the time of the Iraq invasion, Stone was serving in Pakistan as deputy to General John Abizaid, Commander of US Central Command. It was in Pakistan that Stone began his self-described quest to understand “the Islamic mind”. In late 2006, when he heard that he would be in charge of detention policy in Iraq, he approached the RAND Corporation, a policy think tank, for ideas on detention. He left for Baghdad with a briefcase full of proposals to turn military detention from a liability into a “strategic asset”. He arrived in mid-May of 2007 to a detention camp in flames.

Riots had erupted in several compounds at Camp Bucca, where as many as 10,000 detainees were slinging rocks at the guards, tearing down their tents and using the canvas to feed the conflagration. The detainees donned signs that read “Death to American MPs” and threatened to storm the fence and kill their captors if their demands weren’t met.

Since Camp Bucca was built in 2003, riots have been commonplace. The staff holds leadership training in a room whose walls display photographs, masks and rock-trophies from previous uprisings. YouTube even features clips of Bucca’s early revolts. But the guards say they had never seen anything like the riot that broke out that May, and Stone, who had been brought in to clean up a mess, was hesitant to create another one. (An investigation was still under way into the events that led guards to shoot and kill four detainees to quell a riot that rocked five compounds in January 2005.) “We had a panic meeting here, and someone came up with the idea to electrify the fence. I mean, that’s where we were,” Stone says.

He gathered his leadership team and asked a basic question: why are they rioting? “Sir, they’re rioting because they believe that we’re holding them hostage,” a soldier responded.

A UN Security Council resolution authorises coalition forces to detain any person they deem an “imperative security threat”, which means that detention can be indefinite, and without charge. The US army emphasises that detainees are not technically prisoners - the Iraqi government holds another 25,000 men and women accused of, and sometimes charged with, insurgent and criminal activity - but the detainees live behind bars all the same. Few have been convicted of crimes, let alone been given a trial.

Stone launched several programmes to quell the detainees’ anger and, according to the military’s data, 2007 was a good year for Detainee Ops. Since Stone took charge, the number of significant acts of violence between detainees or against guards is down 80 per cent, in spite of a prison population that has doubled since “the surge” of US troops. Detainee recidivism rates from 2003 to 2006 ranged from 7 to 9 per cent. By contrast, since September 2007, coalition forces have released almost 8,000 men (just 14 of all coalition detainees are women), of whom, Stone says, only 24 have been recaptured - a recidivism rate of less than a quarter of 1 per cent.

Stone’s numbers, like data about the success of the surge, can be hard to read. One explanation for the reduction in recidivism is that there is simply less fight to return to outside the camp. Or perhaps the reduced recidivism rates point to a hardening of detainees: those who have been released may be better at evading capture, thanks to their time in detention, networking with expert insurgents.

But by most accounts, conditions in the camps have improved significantly in the last year. When I asked a UN human rights officer in Baghdad what he thought about the conditions of the US-run detention centres, he described them as “five-star”. A far bigger concern, he said, are the Iraqi prisons, where overcrowding and abuse are the norm for the approximately 25,000 convicts and detainees. Joanne Mariner, the terrorism and counter-terrorism programme director at Human Rights Watch, said Stone’s reforms are “not just a public relations campaign … it’s not taking you on the Potemkin village tour while they’re torturing people in the backroom, no”.

Or: it is a public relations campaign, and that’s the point. Better detainee treatment is by itself good information operations, just as mistreatment at Abu Ghraib was bad information operations that provided ideological ammo for a young insurgency. But if Stone’s programmes are a step in the right direction in terms of how the US treats its detainees in the so-called war on terror - and they seem to be - a dark cloud hangs over the project: occupation. It may not matter how well an invading army treats its prisoners, if it holds them for years on end - the average stay lasts 300 days - in the desert without trial.

A model tale of detention

The tabular content relating to this article is not available to view. Apologies in advance for the inconvenience caused.

When families come to visit relatives who have been detained at either Camp Bucca or Camp Cropper they are given a cartoon picture book that explains the detention process through the story of “Ahmed”, a fictional detainee. The first frame shows a smiling brown figure sitting in the forest. The next frames show insurgents handing cash to Ahmed - and then an explosion occurs. Ahmed is next seen kneeling, handcuffed and blindfolded. Soldiers take him to Camp Cropper and the caption reads, “Ahmed receives a yellow uniform”. He is seen studying in class and working in a factory before his release. In the final frame, he is free again, and smiling.

Euphoric as it sounds, this is the way Task Force 134 was originally envisioned. Several policy planners say, off the record, that detention was always thought of as the cornerstone of a new civil society in Iraq. Because they suspected that the rule of law was corrupted under Saddam, American planners decided they would have to rebuild the country’s legal system from the ground up. Detention was seen as a good incubator for “rule of law programmes” - a training ground for Iraqi judges and lawyers, and thereby a means of manufacturing civil society.

None of that materialised. By the time the Abu Ghraib scandal broke in April 2004, detention was a shambles and cycles of rioting and repression were the norm. While Abu Ghraib provoked better oversight - at least of soldiers’ cameras - detention’s basic contours remained static, but the number of detainees was rising fast.

Less than a third of the detainees take part in the classes. But the number of detainees given access to job placement programmes is increasing, and before they leave detention, every detainee will have the option of going through the educational programmes designed by Stone’s team. This is, as Stone’s staff points out, basic corrections work. And yet, now that the programmes are in place amid a much-disputed occupation, they feel surreal.

In January this year, the guards at Camp Bucca held a ribbon-cutting ceremony for a school that was built with the help of the detainees. Before sharing a celebratory chai with the detainees, Sheikh Abdul Sattar, a contractor working for the coalition, told the pupils that the first word Mohammed received from God was “read”. “So you must do your best to learn everything, and if you are ignorant of something - shame, shame,” he said. The detainees were seated in neat rows, with armed guards standing alongside them, arms crossed, batons at hand.

This was a proud moment for Stone’s staff, and seemingly so for some of the detainees who had a hand in building the school. But was it a “win”? Stone seems to have increased the quality of life in the detention camps, and he appears to act within the bounds of international law, but doing so allows the military to avoid scrutiny about the tens of thousands of men detained without trial. It is astonishing, in fact, how little attention Camp Bucca has received.

When the surge in US troops began in early 2007, a key strategy seems to have been to scoop up huge numbers of Iraqis, causing the coalition’s prison population to double. To this day, says Joanne Mariner of Human Rights Watch, “the American default option remains detaining [all] military-age men who are located somewhere an operation or attack has taken place”. And while Stone has made basic improvements to the review procedure, including allowing detainees to be present for their hearings, there is still a heavy reliance on secret evidence to which the detainee has no access. Many of the detainees were brought in originally on a tip from someone who was probably feeding information to the Americans for political advantage. Says Mariner: “You may be detained based on secret testimony … but if you knew who [the accuser] was, you could say ‘that’s my personal enemy.’”

Detainee status is reviewed every six months, in what is known as a Multi-National Force Review Committee (MNFRC) review board. In a trailer at Camp Bucca, with track panelling and a generator grumbling outside, detainees are asked simple questions such as “do you know why you are here?” On a recent visit to three separate reviews, I saw soldiers on the board rifling through a file that the detainees could not see, whispering to each other, then asking questions that seemed designed to catch the detainee lying. When one detainee professed innocence, the members of the review board looked pained, and pointed to the file.

The board has three options for each detainee: release; continued detention; or continued detention with enrolment in educational classes, which signals a likelihood of eventual release. Stone says he is trying to process as many detainees as possible; already the MNFRC boards see an average of 160 cases a day. The goal, Stone says, is to get as many of the detainees into the educational programmes as possible, and he estimates that at least a quarter of the current detainees should be released as soon as they complete the education programmes. “If Gitmo [Guantanamo] is a bad example, and Afghanistan potentially a bad example, then the one thing we shouldn’t do is hold on to detainees,” he says.

Not everyone agrees. Prominent military analysts Max Boot and Bing West have suggested that the current detention levels are not high enough, given that Iraq has a lower incarceration rate than the US, despite being far more violent. Stone balked when asked about differences of opinion within the military establishment, but it is widely known that he has clashed with former Lieutenant General Raymond Odierno, who will soon take over from General David Petraeus as commanding general of Multi-National Forces in Iraq. Odierno is known for his brutal battle tactics - made notorious in Thomas Ricks’s 2006 book Fiasco - and he admits that, in the heat of the battle, his men have made mistakes as to who and how they detain. For almost a year, Odierno and Stone sat on opposite ends of the detention system, with Odierno in charge of who went in and Stone in charge of who went out. One side saw increased detention as a necessary short-term solution to insurgent violence (and perhaps a good way to finesse the surge’s numbers); the other side saw minimal detention as crucial to the occupation’s legitimacy.

The latter argument seems to have prevailed - General Petraeus recently announced that the US would significantly reduce the number of detainees it holds in Iraq. They are currently being released at a rate of 40 per day, while new detentions are made at about 25 a day. The military, meanwhile, has never defined “imminent security threat”, the UN standard required for detention. Other than Stone’s modest reforms, nothing seems to indicate rigorous due process. A document produced by a contractor of religious services in the detention centres suggests that the imams and psychologists working with detainees make recommendations to the MNFRC board based on three factors: whether a detainee presents “no security threat”, a “psychological threat” or an “ideological threat”.

But who constitutes an ideological threat - and how would you know?

How to “flip” a radical

Because Stone hopes to treat the root causes of the insurgency, incoming detainees are put through a week-long screening by psychologists, education specialists and imams. The detainees answer questions about their education, religious background and psychological state. Most questions are benign. Will he watch television? Does he smoke? “If he has a beard, it’s a data point,” Stone says.

Each compound has its own team of what Stone calls “sociological observers of behaviour” - contractors brought in to work with “counterinsurgency teams” who have infiltrated the compounds and who report back to Stone about the psychological, religious, class and tribal identities of the detainees. Stone is primarily looking for those he calls “the irreconcilables”, the radically ideological prisoners whom he says he cannot change. Once identified, these detainees are moved to a red or yellow compound so they do not “infect” the detainees in the green (moderate) compounds.

Stone says the best way to find out who is an extremist - or Takfir, as he calls them - is the religious discussion group. “It allows us to determine the guys that don’t really give a shit about the Koran in the first place - they’re using it as a discipline. Those guys are beginning to fall into the category of irreconcilables, and that’s helpful to me. I want to know who they are. They’re like rotten eggs, you know, hiding in the Easter basket. So we scoop them out,” he says, his hands raking through the air, “and what we see is a flattening” - a calm in the behaviour of the remaining detainees.

The Islamic discussion programme is headed by Sheikh Abdul Sattar, who works for Operational Support & Services, a subcontractor of Russian and East European Partnerships Inc., which specialises in “intercultural communications”. On leave from his Sunni mosque in Baghdad, Sheikh Sattar spent a recent afternoon sitting with a dozen detainees, answering questions about “offences”, deeds prohibited by the Koran. The discussion was run without guards. “Don’t let them deceive you,” Sattar told the students. “You should take from the mouth of Prophet Mohammed.”

For questions of religious interpretation, Stone’s staff has developed a directory of radical refrains, along with responses to each from what they say are moderate passages of text. The directory of moderate arguments was put together, Stone says with no small amount of pride, by “former al-Qaeda guys who now work for me,” because “they know the messages”.

Sattar and Stone are hoping to create what they call “moderate missiles”. When someone is identified as a cleric in training, the intelligence teams try to “flip” him. If he flips, Stone says, “I’ve got a moderate imam in the future.” Stone’s analysts estimate the average Iraqi has a social network of at least 100 people, which is comparatively quite dense - meaning that the stakes in a war of ideas are high. “I like talking to 24,000 people,” Stone says, “because 24,000 people will talk to 2.4 million people. That’s viral marketing. And viral marketing works.” He adds: “There are one billion in the Ummah [the Islamic diaspora] who are watching Baghdad.”

But that will be a tough sell. An October 2007 poll by the Pew organisation shows Muslims are increasingly hostile towards the US. And, as some officials acknowledge off the record, the US’s credibility to wage a war of persuasion is hamstrung by the presence of its army in Baghdad and what is seen as its general aggression towards Islam.

Khaled Abou El Fadl, a professor of Islamic law at the University of California, Los Angeles, notes that Egyptian Islamic scholars have not yet commented on Stone’s programmes, so their credibility among Islamic intellectuals is not yet in question. But once the news spreads, he says, “it will be just another powerful piece of evidence that this is an ideological war - that this is not about the threat of terrorism to the US, but about literally trying to create an Islam that is acceptable to certain power elites in the US or the west.”

Abou El Fadl notes that Osama bin Laden has said that the war of ideas is a modern, Judaeo-Christian crusade against Islam, and “frankly, when we do this, it starts sounding like he has a really good point.”

Back in his office, Stone hands over a sheaf of papers and says, “Here - there are two copies of this in the world.” It is the translation his team has just completed of what they claim to be the world’s most moderate Hadith - teachings of the Prophet Mohammed. “What if, at the end of the day, my guys go out and actually teach a moderate Hadith?” Stone asks. “Well they are - in two mosques!”

He adds: “Now, I can’t say where, ’cause they’d be killed.”

Jessica Stern, the academic director of the Programme on Terrorism and the Law at Harvard Law School, says Stone is relying too heavily on an unlikely example - Singapore, where “religious re-education” of some members of the radical group Jemaah Islamiyah “is reported to have been effective”. Singapore is utterly unlike Iraq, with the latter’s backdrop a contested military occupation. “The vast majority of insurgents in Iraq are not motivated by religious extremism,” Stern says. Stone’s own data confirms this, supporting competing theories about the motivations of so-called insurgents in Iraq. Some of the coalition’s detainees seem to be motivated by fanatical and corrupt interpretations of the Koran; an equal number - about a third - seem to be motivated by underemployment and poverty; some are forced into fighting by criminal gangs; and some - about a quarter of the detainees - are fighting to drive out a military occupier. This would suggest that a Koranic-centred programme would miss the mark for many of the detainees. But Major Matthew Morgan of Task Force 134 says that all of the detainees slated for release will have gone through the religious discussion programme, suggesting that the programme is practically a prerequisite for release. And those who are, in fact, motivated by Islam are considered “irreconcilable”, making them unlikely to be released.

When the Iraqis take over

What happens to the programmes, and the detainees, will depend on what the government of Iraq makes of them when it takes the reins. American control over detention expires after 2008, though a bilateral agreement between the US and Iraq is in development to extend that deadline. Meanwhile, Stone is training more than 2,000 Iraqi correctional officers at Bucca and Cropper, where 1,000 Iraqi guards already work. That is hardly enough to take over from the 9,000 men and women who work for Task Force 134 alongside nearly 600 contractors.

The process of handing over authority for the detainees to the Iraqi government offers an early glimpse of how difficult it will be for US forces to extricate themselves from the country. Manfred Nowak, the UN Special Rapporteur on Torture, says that the transfer of detainees to Iraqi control may be a violation of international law. Refoulement, or transferring people to places where they face a risk of torture, is prohibited by Article 3 of the Convention Against Torture, which the US has signed and ratified. The US has said that transferring people within country from a Multi-National Forces facility to an Iraqi facility would not fall under the non-refoulement principle, but Nowak says this legal interpretation “is definitely wrong”.

Meanwhile construction is under way in Ramadi and Taji for hybrid detention centres that will, as early as September, serve as halfway houses for detainees being put through the education programmes and released back into society. Stone says he hopes that by putting the detention centres closer to the battlefield, the forces making detentions will be more discriminating. But the same critiques of Camps Cropper - inadequate due process, ineffective and potentially offensive de-radicalisation methods - will still apply: in addition to education and job training, Stone’s plans suggest a “daily viewing of anti-sectarian, moderate media”, as a step in their reintegration with society; REEP Inc., the contractor running Stone’s religious programmes, just won a competitive contract for managing the re-integration programmes until 2010.

Robert Gates, the US secretary of defence, said in a recent speech that military success in Iraq is now “less a matter of imposing one’s will and more a function of shaping behaviour - of friends, adversaries and, most importantly, the people in between”.

But to critics of the Iraq war, this approach and Stone’s programmes in particular, are utterly marred by the occupation’s illegitimacy. Chalmers Johnson, a scholar of American empire and professor emeritus at the University of California, San Diego, told me that even “a glib general with a doctorate from USC” could not stop the inevitable unravelling of a huge military expeditionary force “in a country and a culture that none of our leaders has even an elementary familiarity with, to teach a version of Islam that serves our immediate political interests”.

Abou El Fadl, at UCLA, says that Stone ultimately belongs to a long tradition of “good, solid military men who found themselves doing something they’re not equipped to do at all”.

Stone remains the optimist: “Remember, I came out of Silicon Valley, where if you had a six-month lead on your competition, you win. You deprive them of cash, you have more cash … you get an installed base that’s bigger, you take their installed base away,” he says, using the financial term for operating system users.

“That’s thematically what I’m thinking about, you know,” he says, now jabbing his fingers at Pakistanis screaming on the cover of a news magazine. “How do I get this installed base to turn?”

………………………..

Andrew K. Woods is Hauser fellow and lecturer at the Harvard Law School human rights programme.

……………………….

Postscript

Since this interview was conducted Major General Douglas Stone has handed over command of Task Force 134 to Rear Admiral Garland P. Wright. Stone will get a third star and become head of Marine Forces Reserve and Marine Forces North later this year, based in New Orleans.

Add comment November 11th, 2008

Change or continuity in intelligence policy?

The Wall Street Journal has a depressing story. Among the thoughts in here:

The new president could take a similar approach to revising the rules for CIA interrogations, said one current government official familiar with the transition. Upon review, Mr. Obama may decide he wants to keep the road open in certain cases for the CIA to use techniques not approved by the military, but with much greater oversight.

Let’s hope they’re totally wrong:

Intelligence Policy to Stay Largely Intact

By Siobhan Gorman

WASHINGTON — President-elect Barack Obama is unlikely to radically overhaul controversial Bush administration intelligence policies, advisers say, an approach that is almost certain to create tension within the Democratic Party.

Civil-liberties groups were among those outraged that the White House sanctioned the use of harsh intelligence techniques — which some consider torture — by the Central Intelligence Agency, and expanded domestic spy powers. These groups are demanding quick action to reverse these policies.

Mr. Obama is being advised largely by a group of intelligence professionals, including some who have supported Republicans, and centrist former officials in the Clinton administration. They say he is likely to fill key intelligence posts with pragmatists.

“He’s going to take a very centrist approach to these issues,” said Roger Cressey, a former counterterrorism official in the Clinton and Bush administrations. “Whenever an administration swings too far on the spectrum left or right, we end up getting ourselves in big trouble.”

On the campaign trail, Mr. Obama criticized many of President George W. Bush’s counterterrorism policies. He condemned Mr. Bush for promoting “excessive secrecy, indefinite detention, warrantless wiretapping and ‘enhanced interrogation techniques’ like simulated drowning that qualify as torture through any careful measure of the law or appeal to human decency.”

As a candidate, Mr. Obama said the CIA’s interrogation program should adhere to the same rules that apply to the military, which would prohibit the use of techniques such as waterboarding. He has also said the program should be investigated.

Yet he more recently voted for a White House-backed law to expand eavesdropping powers for the National Security Agency. Mr. Obama said he opposed providing legal immunity to telecommunications companies that aided warrantless surveillance, but ultimately voted for the bill, which included an immunity provision.

The new president could take a similar approach to revising the rules for CIA interrogations, said one current government official familiar with the transition. Upon review, Mr. Obama may decide he wants to keep the road open in certain cases for the CIA to use techniques not approved by the military, but with much greater oversight.

The intelligence-transition team is led by former National Counterterrorism Center chief John Brennan and former CIA intelligence-analysis director Jami Miscik, say officials close to the matter. Mr. Brennan is viewed as a potential candidate for a top intelligence post. Ms. Miscik left amid a slew of departures from the CIA under then-Director Porter Goss.

Advisers caution that few decisions will be made until the team gets a better picture of how the Bush administration actually goes about gathering intelligence, including covert programs, and there could be a greater shift after a full review.

The Obama team plans to review secret and public executive orders and recent Justice Department guidelines that eased restrictions on domestic intelligence collection. “They’ll be looking at existing executive orders, then making sure from Jan. 20 on there’s going to be appropriate executive-branch oversight of intelligence functions,” Mr. Brennan said in an interview shortly before Election Day.

The early transition effort is winning praise from moderate Democrats. “He’s surrounded himself with excellent people — an excellent bipartisan group,” said Rep. Jane Harman, a California Democrat who is chairwoman of the House homeland-security subcommittee on intelligence.

Civil-liberties and human-rights advocates, who helped Mr. Obama win election, are seeking both a reversal of Bush administration policies and expanded investigations into possible illegal actions when the administration sought to track down terrorists after the attacks of Sept. 11, 2001.

“We need to understand what happened,” said Caroline Fredrickson, director of the American Civil Liberties Union’s Washington office.

Most of those being discussed as candidates for director of national intelligence and director of the CIA have staked out a middle ground between safeguarding civil liberties and aggressively pursuing nontraditional adversaries.

Mr. Brennan is a leading contender for one of the two jobs, say some advisers. He declined to comment on personnel matters. Gen. James L. Jones, a former North Atlantic Treaty Organization commander; Thomas Fingar, the chief of analysis for the intelligence director; Joan A. Dempsey, who served in top intelligence and Pentagon posts; former Rep. Tim Roemer of Indiana, who served on the 9/11 Commission; and Ms. Harman have also been mentioned. Ms. Harman has also been cited as a potential secretary of homeland security.

“I’m very flattered that some folks somewhere think I would be qualified for a number of positions,” she said. “But I’m also looking forward to an eighth term in Congress working on many of these issues.”

None of the others could be reached for comment.

Another option for Mr. Obama would be to retain current intelligence Director Mike McConnell, who has said he would stay on for a reasonable time until a successor is named. CIA Director Michael V. Hayden also is open to considering an extension of his time in office, according to a senior intelligence official.

However, Mr. Obama voted against Mr. Hayden’s nomination as CIA director to signal his frustration with the administration’s warrantless-surveillance program, which Mr. Hayden helped launch as National Security Agency director.

Add comment November 11th, 2008

Next Posts Previous Posts


Pages

Calendar

November 2008
M T W T F S S
« Oct    
 12
3456789
10111213141516
17181920212223
24252627282930

Posts by Month

Posts by Category