Posts filed under 'Law'

Rowley-McGovern: two big lies and the real reasons behind torture?

Former FBI agent Coleen Rowley and former CIA analyst Ray McGovern challenge many of the myths about US torture.they dispute that it works. But more important, based on their own experience, they dispute that its intent was to “protect America from future terrorist attacks,” as administration defender after defender claims. Here is the section of the article in which they speculate about the reasons for the torture program. While I don’t think their account here is the whoe story, I think it probably plays a larger role than many think:

The Real Reasons Behind Torture?

What, then, accounts for the descent into Inquisition practices of waterboarding and other torture techniques? What accounts for the bizarre decision to round up a whole bunch of people with no provable attachment to terrorism, designate them terrorist suspects, herd them into prisons in New York, New Jersey, Afghanistan, Guantanamo, Abu Ghraib and God knows where else, where they could be — and were — abused?

What accounts for the blithe departure from international and national law — not to mention time-honored civilized procedures for dealing with prisoners and detainees?

What accounts for the marginalization of those military, FBI and other professionals who warned that torture is not only a war crime but also that it doesn’t yield reliable information — that, rather, it is the very best recruiting tool for terrorists?

We suggest four reasons why I-don’t-care-what-the-international-lawyers-say George Bush and dark-side Dick Cheney opted for torture:

1 — Deceit: Granted, torture does not yield truthful information. It can, though, be an excellent way to obtain the untruthful information you may wish to acquire. All you really need to know is what you want the victims to “confess” to and torture them, or render them abroad to “friendly” intelligence services toward the same end.

One case that speaks volumes is that of Ibn al-Shaykh al-Libi, who was captured and rendered to Egypt, where, under torture, he told his interrogators precisely what they wanted to hear.

According to the Defense Intelligence Agency, al-Libi had been identified as a likely fabricator months before the Bush administration began to use his statements to prove that Iraq trained al-Qaeda members to use biological and chemical weapons.

Without mentioning al-Libi by name, President Bush, Vice President Cheney, then-Secretary of State Colin Powell and other administration officials repeatedly cited information from his interrogation as credible evidence that Iraq was training al-Qaeda members in the use of explosives and illicit weapons.

So torture can indeed provide the information you may want to have to grease the skids for war. Al-Libi was practically the poster boy for the Cheney/Bush torture regime; that is, until he publicly recanted and explained that he only told his interrogators what he thought would stop the torture.

2 — Sadism: Cheney’s open advocacy of waterboarding speaks volumes, but what about the President? Sad to say, as psychiatrist Justin Frank, author of Bush on the Couch, has noted:

“Bush’s certitude that he is right gives him carte blanche for destructive behavior. He has always had a sadistic streak: from blowing up frogs, to shooting his siblings with a BB gun, to branding fraternity pledges with white-hot coat hangers (explaining that the resulting wound was ‘only a cigarette burn’)…

”His comfort with cruelty is one reason he can be so jocular…Instead of seeing a President in anguish, we watch him publicly joking about the absence of ‘weapons of mass destruction’ in Iraq, in the vain search for which so many young Americans died.”

3 — Intimidation: Are you perhaps in some “shock and awe” at the prospect of the President designating you an “enemy combatant” and sending you off to the Navy brig in South Carolina for an indefinite stay? He now has court approval to do precisely that, and we are proceeding on faith that this joint article will not bring us “enhanced interrogation techniques.”

Indefinite imprisonment is bad enough, but with the fringe benefit of the kind of torture suffered by Jose Padilla? Well, let us just say that the open advocacy of waterboarding and other “harsh” methods may, just may, be aimed at throwing the fear of Cheney into us, as a way of dissuading those of us who still believe in the Constitution from attempting to hold accountable those who break the law.

4 — Because We Can: Lord Acton was, of course, right. Absolute power corrupts absolutely. And closeness to it does the same.

Guided by the principle of an unaccountable unitary executive – not to mention the writings of torture apologist Alan Dershowitz, the acting performances of the torture evangelists on Scalia’s TV favorite, Fox’s “24,” and using the fear factor to a fare-thee-well – torture has become the bellwether of exclusive dominant power.

The very transparency of the excuses for torture serves to demonstrate that this kind of power is in place, and is not to be questioned.

Here is the whole article:

‘Justifying’ Torture: Two Big Lies

By Coleen Rowley and Ray McGovern
July 19, 2008

One can assume that former Attorney General John Ashcroft didn’t mean it to be funny, but his testimony on Thursday before the House Judiciary Committee might strike one as hilarious, were it not for the issue at hand — torture.

Ashcroft is the Attorney General who approved torture before he disapproved it, but committee members spared him accusations of flip-flopping.

He explained that he initially blessed the infamous torture memoranda drafted by Justice Department lawyer John Yoo and others in mid-2002 because he (Ashcroft) believed it imperative to afford the President “the benefit of genuine doubt” regarding how to protect American lives in the “war on terror.”

But Ashcroft added that, despite this, when concerns about that earlier guidance for interrogations were brought to his attention, changing his mind “was not a hard decision for me.” A very flexible Attorney General.

“The benefit of genuine doubt?” Perhaps Ashcroft thought that this genteel way of looking at things would appeal to the poorly led, motley group calling itself the House Committee on the Judiciary, chaired by Rep. John Conyers, D-Michigan.

But the rest of us, whose time does not expire in five minutes, cannot buy his defense of torture.  For it is based on two demonstrable lies.

Lie Number One

According to Ashcroft, “The administration’s overriding goal…was to do everything in its power and within the limits of the law…to keep this country safe from terrorist attack.”

His is merely the latest in a string of torture-exculpating statements adduced to document a myth; namely, that the Bush administration, having failed to prevent the attacks of 9/11, pulled out all the stops to keep us safe from a second attack; and that one of the necessary measures introduced was torture.

It was a situational thing, you see. But even that explanation does not survive close scrutiny.

First, for those with a strong stomach, a sample of recent statements; then proof of their transparency in aiming to create an exculpatory myth:

– On May 22, 2008, Secretary of State Condoleezza Rice publicly discussed the use of enhanced interrogation techniques: “After Sept. 11, whatever was legal in the face of not just the attacks of Sept. 11, but the anthrax attacks that happened, we were in an environment in which saving America from the next attack was paramount.”

– On June 5, 2008, CIA Director Michael Hayden told Jim Angle of Fox News that it was fear of an imminent attack that led to the controversial interrogation practices — including waterboarding, which Hayden referred to as a “high-end interrogation technique.”

“Keep in mind…you have the nation suffering, reeling from a recent attack in which 3,000 citizens had been killed, until it was the collective judgment of the American government that these techniques would be appropriate and lawful in these circumstances.”

– On June 26, 2008, testifying before the Conyers committee, Vice President Dick Cheney’s chief of staff David Addington added, with some flair: “Smoke was still rising…3,000 Americans were just killed.” Dana Milbank of the Washington Post used the quote to show how Addington “justified his legal reasoning” regarding enhanced interrogation techniques.

Since members of the Judiciary Committee did little to expose the myth, let us try to help.

Selective Urgency

The sense of pressing urgency conjured up by Bush administration folks to justify torture does not square with Coleen Rowley’s direct personal experience in the FBI.

As some will remember, the FBI’s joint terrorism task force in Minneapolis had detained Zacarias Moussaoui on Aug. 16, 2001. Flight school pilots acting as whistleblowers had notified the FBI, against the wishes of their airline employer, of detailed information making Moussaoui the most suspicious student they had ever encountered.

French intelligence soon supplied further background confirming Moussaoui’s fighting for a “foreign power” — Chechnyan rebels, whose leader was connected to al-Qaeda. By Aug. 23, the case was deemed so suspicious, it went all the way to the top of the intelligence community, to Director of Central Intelligence George Tenet, in a PowerPoint presentation entitled: “Islamic Extremist Learns to Fly.”

As Rowley revealed in her letter of May 21, 2002, to FBI Director Robert Mueller, there was considerable frustration in her FBI unit in Minneapolis over the inability of FBI headquarters to get its act together and present these facts pursuant to the Foreign Intelligence Surveillance Act (FISA) to obtain the secret FISA Court’s permission to search Moussaoui’s personal effects and laptop computer in the days before 9-11.

Odd Reactions

But once the attacks took place on 9-11, confirming the Minneapolis FBI unit’s worst fears and finally overcoming FBI Headquarters’ reluctance to conduct further searches of Moussaoui’s belongings, there was still little sense of urgency.

At that point, Moussaoui sat atop the list of prime sources for information about any “second wave” of attacks. But the Justice Department persisted in its refusal to allow agents to attempt to interview Moussaoui even after the attacks.

During the afternoon of Sept. 11, 2001, the acting U.S. Attorney denied the unit permission to interview Moussaoui.

Rowley – having seen what just had transpired due, at least in part, to the FBI unit having accepted No for an answer in August – decided to go a rung higher by calling Justice officials in the FBI’s Command Post in Washington on the morning of Sept. 12.

In that conversation, Rowley repeatedly drew attention to the Supreme Court decision (New York v Quarles, 467 U.S. 649, 1984) granting an “exigent-circumstances” exception to the Miranda rule in cases where an interview is judged necessary to protect public safety.

Rowley was told by Justice Department officials that “no such public emergency existed.” This is what Rowley encountered on 9/11 and 9/12.

Moussaoui remained the only al-Qaeda terrorist in custody for many months, but the Justice Department’s ban on interviewing him remained in place — at huge potential cost by forfeiting the possibility of acquiring information on other terrorist activities about which Moussaoui was very probably aware.

This is not merely theoretical. It appears that Moussaoui almost certainly was acquainted with Richard Reid, the “shoe bomber” who on Dec. 22, 2001, almost succeeded in blowing up American Airlines Flight 63 from Paris to Miami with nearly 200 people aboard.

So, in Rowley’s May 21, 2002, letter to FBI Director Mueller, she reminded him that if, as he claimed, priority was now being given to prevention over prosecution, the FBI needed to explore how to apply the Quarles “public safety” exception.

Rowley also reminded Mueller that Minneapolis had not only been prevented from further investigation of Moussaoui before 9/11 but also was prohibited from interviewing him after the attacks on that day.

Muzzling Moussaoui

Rowley tried again in early July 2002, after learning that Moussaoui was hinting he wanted to talk. She called then-Assistant Attorney General Michael Chertoff to note the opportunity missed by not interviewing Moussaoui — particularly in view of the suggestive information found on his laptop computer regarding crop dusting and wind currents.

Chertoff was not available; one of his assistants gave Rowley the brush-off.

Rowley’s last try came on Feb. 26, 2003, when she wrote the following as part of a longer letter to Director Mueller:

“If, as you have said, ‘prevention of another terrorist attack remains the FBI’s top priority,’ why is it that we have not attempted to interview Zacarias Moussaoui, the only suspect in U.S. custody charged with having a direct hand in the horror of 9/11?… Moussaoui almost certainly would know of other al-Qaeda contacts, possibly in the U.S., and would also be able to alert us to the motive behind his and Mohammed Atta’s interest in crop dusting.

“Similarly, there is the question as to why little or no apparent effort has been made to interview convicted terrorist Richard Reid, who obviously depended upon other al-Qaeda operatives in fashioning his shoe explosive. Nor have possible links between Moussaoui and Reid been fully investigated…

“In short … lack of follow-through with regard to Moussaoui and Reid gives a hollow ring to our ‘top priority.’”

It may be that Mueller, too, felt powerless at that point but, for whatever reason, he did not respond.

In sum, Rowley’s personal experience, and lots else, persuaded her that the please-understand-we-were-just-doing-all-we-could-to-prevent-a-second-wave-of-attacks excuse for torture is bogus — an outrageous lie.

The time is far past when the President and his torture apprentices should be accorded “the benefit of genuine doubt,” to quote again from Ashcroft’s testimony.

(Remember, too, that in the immediate aftermath of the 9/11 attacks, President George W. Bush allowed prominent Saudis, including members of Osama bin Laden’s family, to be whisked out of the United States aboard private jets after only cursory interviews with the FBI.)

The Real Reasons Behind Torture?

What, then, accounts for the descent into Inquisition practices of waterboarding and other torture techniques? What accounts for the bizarre decision to round up a whole bunch of people with no provable attachment to terrorism, designate them terrorist suspects, herd them into prisons in New York, New Jersey, Afghanistan, Guantanamo, Abu Ghraib and God knows where else, where they could be — and were — abused?

What accounts for the blithe departure from international and national law — not to mention time-honored civilized procedures for dealing with prisoners and detainees?

What accounts for the marginalization of those military, FBI and other professionals who warned that torture is not only a war crime but also that it doesn’t yield reliable information — that, rather, it is the very best recruiting tool for terrorists?

We suggest four reasons why I-don’t-care-what-the-international-lawyers-say George Bush and dark-side Dick Cheney opted for torture:

1 — Deceit: Granted, torture does not yield truthful information. It can, though, be an excellent way to obtain the untruthful information you may wish to acquire. All you really need to know is what you want the victims to “confess” to and torture them, or render them abroad to “friendly” intelligence services toward the same end.

One case that speaks volumes is that of Ibn al-Shaykh al-Libi, who was captured and rendered to Egypt, where, under torture, he told his interrogators precisely what they wanted to hear.

According to the Defense Intelligence Agency, al-Libi had been identified as a likely fabricator months before the Bush administration began to use his statements to prove that Iraq trained al-Qaeda members to use biological and chemical weapons.

Without mentioning al-Libi by name, President Bush, Vice President Cheney, then-Secretary of State Colin Powell and other administration officials repeatedly cited information from his interrogation as credible evidence that Iraq was training al-Qaeda members in the use of explosives and illicit weapons.

So torture can indeed provide the information you may want to have to grease the skids for war. Al-Libi was practically the poster boy for the Cheney/Bush torture regime; that is, until he publicly recanted and explained that he only told his interrogators what he thought would stop the torture.

2 — Sadism: Cheney’s open advocacy of waterboarding speaks volumes, but what about the President? Sad to say, as psychiatrist Justin Frank, author of Bush on the Couch, has noted:

“Bush’s certitude that he is right gives him carte blanche for destructive behavior. He has always had a sadistic streak: from blowing up frogs, to shooting his siblings with a BB gun, to branding fraternity pledges with white-hot coat hangers (explaining that the resulting wound was ‘only a cigarette burn’)…

”His comfort with cruelty is one reason he can be so jocular…Instead of seeing a President in anguish, we watch him publicly joking about the absence of ‘weapons of mass destruction’ in Iraq, in the vain search for which so many young Americans died.”

3 — Intimidation: Are you perhaps in some “shock and awe” at the prospect of the President designating you an “enemy combatant” and sending you off to the Navy brig in South Carolina for an indefinite stay? He now has court approval to do precisely that, and we are proceeding on faith that this joint article will not bring us “enhanced interrogation techniques.”

Indefinite imprisonment is bad enough, but with the fringe benefit of the kind of torture suffered by Jose Padilla? Well, let us just say that the open advocacy of waterboarding and other “harsh” methods may, just may, be aimed at throwing the fear of Cheney into us, as a way of dissuading those of us who still believe in the Constitution from attempting to hold accountable those who break the law.

4 — Because We Can: Lord Acton was, of course, right. Absolute power corrupts absolutely. And closeness to it does the same.

Guided by the principle of an unaccountable unitary executive – not to mention the writings of torture apologist Alan Dershowitz, the acting performances of the torture evangelists on Scalia’s TV favorite, Fox’s “24,” and using the fear factor to a fare-thee-well – torture has become the bellwether of exclusive dominant power.

The very transparency of the excuses for torture serves to demonstrate that this kind of power is in place, and is not to be questioned.

Lie Number 2: Torture Saves Lives

It was hard to know whether to laugh or to cry. John Ashcroft insisting that according to “the reports I have heard, and I have no reason to disbelieve them, these techniques are very valuable.”

Ashcroft’s source? He indicated that it is none other than former CIA Director George Tenet, who wrecked the CIA by creating a Gestapo in the operations directorate and cultivating fawning boot-lickers among managers of analysis.

To say Tenet’s reputation for truthfulness leaves much to be desired would be the kind of self-evident revelation that CIA analysts were accustomed to assigning to their tongue-in-cheek “Great Moments in Intelligence” file.

It is, nonetheless, the White House line. Not only Ashcroft and Hayden, but also David Addington and John Yoo rang changes on the theme in their recent testimony before the aging Conyers.

Both Addington and Yoo argued that harsh interrogation methods had been crucial in preventing another terrorist attack on the U.S. after 9/11.

On Thursday, Republican members of the House Judiciary Committee picked up the theme, arguing that waterboarding and other harsh tactics yielded information that saved lives.

Rep. Elton Gallegly, R-California: “Had we not used those, would the probability of another attack not only be a probability but a certainty?”

Ashcroft:  “It could well have been.”

Have you, finally, no shame, Mr. Ashcroft? There is not a scintilla of evidence to support that claim. And, again, we are far past the point where the President and his torture apprentices merit “the benefit of genuine doubt.” Not the way they continue to play fast and loose with the truth.

Quod Est Veritas?

Here it is the President himself, with his remarkable contempt for truth, who sets the tone.

Dr. Frank points out that contempt itself is a defense, a form of self-protection of Bush’s belief system, in which he clings to his beliefs as if they were well researched facts: “Bush’s pathology is a patchwork of false beliefs and incomplete information woven into what he asserts is the whole truth.”

And Cheney, Fox News, and the rest of the fawning corporate media (FCM) follow suit. What is truth? Go ask Pontius Bush.

Trouble is, the truth usually gets out, and the President is beginning to squirm. One highly disturbing fact, from the President’s point of view, emerged Thursday in the questioning of Ashcroft by Rep. Jerrold Nadler, D-New York.

Nadler noted that “high-value” detainee Abu Zubaydah was waterboarded after his arrest in March 2002, and Nadler asked Ashcroft whether that happened before the memos from John Yoo justifying such activity were drafted. Ashcroft said he didn’t know.

Nadler, at least, had done some homework. The videotapes of Zubaydah’s interrogation were among those destroyed by the CIA, for obvious reasons. Nadler is really asking on whose authority Zubaydah was waterboarded, since Addington and Yoo had not yet completed their ex-post-facto legal acrobatics.

The congressman knows the answer. The reason that CIA interrogators felt comfortable waterboarding is quite simply that the President of the United States cleared the way for such techniques with his Action Memorandum of Feb. 7, 2002.

When FBI agents were taken off the job of interrogating Zubaydah and became aware of the “techniques” being applied by their CIA colleagues, they questioned their use. They were told by CIA interrogators at the scene that the methods were approved “at the highest levels” and that no one would get in any trouble.

But what about the main contention of Lie Number Two? Has torture saved lives? Milt Bearden, a 30-year veteran of CIA’s operations directorate who rose to the most senior managerial ranks, doesn’t believe it for a minute:

“The administration’s claims of having ‘saved thousands of Americans’ can be dismissed out of hand because credible evidence has never been offered — not even an authoritative leak of any major terrorist operation interdicted based on information gathered from these interrogations in the past seven years. … It is irresponsible for any administration not to tell a credible story that would convince critics at home and abroad that this torture has served some useful purpose.”

Bearden said professionals he describes as the “old hands” in the CIA, the ones who know something of interrogation and intelligence, don’t believe administration claims. Worse still, they say, torture is counterproductive:

“This is not just because the old hands overwhelmingly believe that torture doesn’t work — it doesn’t — but also because they know that torture creates more terrorists and fosters more acts of terror than it could possibly neutralize.”

Bearden argues that if the claims of the Bush White House were true, it ought to stop hiding always behind the readily adduced need to protect sources and methods. He notes that in 1986 after the U. S. bombed Libya in retaliation for a Libyan operation that killed U.S. servicemen in Berlin, there was worldwide skepticism and consternation.

The Reagan administration decided it owed the world an explanation and decided it would be worth sacrificing a very sensitive method; namely, the ability to intercept Libyan encoded messages. Ironically, the Libyan message made public spoke of the successful operation, “without leaving a trace behind.”

Frittering Five Minutes With Feith

One might ask why Conyers has not thought of inviting experienced professionals like Milt Bearden to testify.

One might also ask why Conyers continues to let people like Addington, Yoo, Douglas Feith, and now Ashcroft make a mockery of the committee’s attempts to hold hearings on these historically important issues.

How painful it is to watch as the Bush administration’s witnesses quibble about semantics, make sweeping assertions of executive privilege, and run out the five-minute clock on each congressman’s questions.

Impeachment is what the Founders envisioned for the situation we face at present.

Quick, someone download for Congressman Conyers the President’s Action Memorandum of Feb. 7, 2002, which provided the loophole through which George Tenet and Donald Rumsfeld drove the Mack truck of torture.

That memo is all you need, John. It is signed at the bottom with felt-pen strokes one and half inches high. If that’s not good enough for the Judiciary Committee chairman, then please let members and staff go home for an early vacation and spare all of us further humiliation.

Coleen Rowley, a FBI special agent for almost 24 years, was legal counsel to the FBI Field Office in Minneapolis from 1990 to 2003. She retired at the end of 2004, and now writes and speaks on ethical decision-making and balancing civil liberties with the need for effective investigation. Ray McGovern, a former Army Infantry/Intelligence officer and then a CIA analyst for 27 years, now works with Tell the Word, the publishing arm of the ecumenical Church of the Saviour in inner-city Washington.  Both serve on the Steering Committee of Veteran Intelligence Professionals for Sanity (VIPS).

Add comment July 19th, 2008

Democracy Now! Jane Mayer on psychologists and torture

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

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

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

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

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

AMY GOODMAN: Where?

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

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

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

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

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

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

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

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

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

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

AMY GOODMAN: Who?

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

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

JANE MAYER: OK.

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

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

AMY GOODMAN: University of Pennsylvania.

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

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

AMY GOODMAN: To whom?

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

AMY GOODMAN: Survival, Evasion—

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

AMY GOODMAN: You talked to Martin Seligman about this?

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

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

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

JANE MAYER: OK.

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

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

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

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

Your response, Jane Mayer.

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

AMY GOODMAN: What did you learn from that response?

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

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

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

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

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

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

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

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

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

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

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

    UNIDENTIFIED: Dr. James?

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

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

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

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

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

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

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

[Read the rest of the interview here.]

1 comment July 18th, 2008

Ashcroft: Waterboarding not torture

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

Add comment July 18th, 2008

Manipulation of Military Commisions system revealed in Jawad case

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

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

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

More Meddling at Gitmo

By Ross Tuttle

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Add comment July 18th, 2008

Britain accussed of outsourcing torture to Pakistan

An article in the Guardian reports that two MPs — one Labor, one Conservative — are calling for an investigation of charges that British citizens were tortured by Pakistan and then either interrogated by British intelligence or flown to Britain for trial.

McDonnell says he wants to know whether British officials colluded in the abuse of one of his constituents.

The man, a medical student, said he was abducted at gunpoint in August 2005 and held for two months at the offices of Pakistan’s Intelligence Bureau opposite the British Deputy High Commission in Karachi. The student, who has not spoken out before, has described how he was whipped, beaten, deprived of sleep, threatened with execution and witnessed other inmates being tortured.

He was questioned about the suicide attacks on London’s transport network in July of that year, and says that after being tortured by Pakistani agents he was questioned by British intelligence officers. He was released to his father, who says he received a personal apology from the director of the Intelligence Bureau.

The student returned to his London teaching hospital, qualified last year, and is now working in a hospital in the south-east of England. He remains terrified of both Pakistani and British intelligence agencies, however, and has asked not to be identified. A second Briton, Tariq Mahmood, 35, a taxi driver from Sparkhill, Birmingham, has said he was abducted in Rawalpindi in October 2003 and released without charge about five months later.

He is thought to have been held in a prison run by a different agency, Inter-Service Intelligence, where a number of other Britons have also been held and allegedly tortured before being flown to the UK to stand trial. Mahmood’s family say he was tortured, and that MI5 officers and American intelligence officers had a hand in his mistreatment. They have declined to issue any detailed allegation, however, apparently fearing for the safety of relatives in Pakistan.

Notice that “American intelligence” are alleged to have had a hand in the last incident. Is this a new version of US-British collusion on “extraordinary rendition?”

Add comment July 15th, 2008

Former APA President Martin Seligman denies involvement in developing CIA tactics

Former APA President Martin Seligman has sent the following comment on last night’s blog posting regarding his possible role in the CIA’s torture program and asked me to post it:

July 14, 2008

The allegation that I “provided assistance in the process” of torture is completely false.

I gave a three hour lecture sponsored by SERE (the Survival, Evasion, Resistance, Escape branch of the American armed forces) at the San Diego Naval Base in May 2002. My topic was how American troops and American personnel could use what is known about learned helplessness and related findings to resist torture and evade successful interrogation by their captors.

I was told then that since I was (and am) a civilian with no security clearance that they could not discuss American methods of interrogation with me. I have not had contact with SERE since that meeting. I have not worked under government contract (or any other contract) on any aspect of interrogation or any aspect of torture. Mr. Mitchell and Mr. Jessen were present in the audience of about 50 others at my speech, and that was, to the best of my knowledge, the sum total of my “assisting them in the process.”

I have had no contact at all with the American Psychological Association about their relevant policies.

As of today, I have not seen Jane Mayer’s book, only the blogs. If necessary, I will comment further on its contents.

Most importantly, I strongly disapprove of torture and have never and would never provide assistance in its process.

Martin Seligman

6 comments July 14th, 2008

Martin Seligman second former APA President connected to CIA torturers

Among the blockbuster revelations in Jane Mayer’s new book, The Dark Side, is that world famous psychologist and former American Psychological Association (APA) President Martin Seligman actively aided the development of the CIA’s torture techniques, based as they were upon Seligman’s “learned helplessness” theory. Apparently Seligman aided CIA consultant torture psychologists James Mitchell and Bruce Jessen, in the development of these techniques.

Mayer’s book is due out Tuesday. But Scott Horton has read it and produced a summary, which is now posted on Andrew Sullivan’s blog. Here is the relevant section:

She traces the development of the torture techniques to the work of two contractors, Mitchell and Jessen, and disclosed the specific techniques they developed.  She notes that the techniques rely heavily on a theory called “Learned Helplessness” developed by a Penn psychologist Martin Seligman, who assisted them in the process.  All of this was done under the thin pretext of being a part of the SERE program.  Seligman is a former president of the American Psychological Association.  This helps explain why the APA alone among professional healthcare provider organizations failed to unequivocally condemn torture and mandate that its members not associate themselves with the Bush Administration techniques.

We should remember that Seligman is the second former APA President implicated in Mitchell and Jessen’s development of the CIA torture techniques from their SERE (Survival, Evasion, Resistance, and Escape) experience. Last summer it was reported that former APA President Joseph Matarazzo had a voting stake in Mitchell and Jessen’s CIA-consulting torture firm.

Strangely, out of the blue a few weeks ago an APA Board member sent an email out on Association listservs proclaiming that APA had no connection with Mitchell and Jessen:

Colleagues,

I wanted to share the fact that APA is aware of the concerns that two Washington state psychologists were employed by the Department of Defense to reverse-engineer survival and resistance training (which is designed to help U.S. military personnel in the event they are captured) for use in interrogations. These two psychologists are not APA members so are out of the reach of the APA’s ethics enforcement process but, nevertheless, APA’s position on inappropriate interrogations techniques is very clear.

In making these statements this Board member ignored an extensive web of connections between APA and the CIA torturers that I recently detailed: As I wrote then:

The APA is intensely disturbed by President Matzrazzo’s possible involvement in torture as can be gleamed from these ethically-principled quotes from APA leadership when Matzrazzo’s involvement was revealed last summer.

Then APA President Sharon Brehm: “No comment.”

APA Director of the Ethics Office and APA point man  on torture and interrogations: “No comment.”

But one official did have a comment, which says everything one needs to knopw about the ethics of APA leadership.

“Dr. Matarazzo was president of APA 18 years ago,” Rhea Farberman, the organization’s director of public affairs, said in a prepared statement.

“Since that time, he has had no active role in APA governance but has been actively involved in the American Psychological Foundation (APF), the charitable giving arm of APA. Dr. Matarazzo currently holds no governance positions in either APA or APF,” the statement said.

Matarazzo’s “professional activities are outside and independent of any role he has played within APA and APF,” the statement said. “We have no direct knowledge about the business dealing of Mitchell’s and Jessen’s company; however, APA’s position is clear – torture or other forms of cruel or inhuman treatment are always unethical.”

Notice the deep concern for Mitchell and Jessen’s and, potentially, Matarazzo’s, actions expressed in this statement. Notice the (missing) promise to investigate and, if confirmed, discipline this former APA President. After all, while “torture is unethical”, this former President’s “professional activities” are no concern of the APA.

We are left to wonder if APA leaders had advance knowledge of these new reports about President Seligman contained in Mayer’s book. We can expect new claims that APA has no connection with President Seligman, who according to his bio:

In 1996…  was elected President of the American Psychological Association, by the largest vote in modern history.

This means in 1997 Seligman was President-elect of the APA, in 1998, he was President, and in 1999 he was Past-President and Board member. (For the record, I voted for him with enthusiasm.) He is, of course, still an APA member. Further, Seligman is one of the most esteemed psychologists in the last several decades. In fact:

According to Haggbloom et al’s study of the most eminent psychologists of the 20th Century, Seligman was the 13th most frequently cited psychologist in introductory psychology textbooks throughout the century

It will be interesting to see the APA spinmeisters rapidly distance themselves from this second torture-connected former President. We can only wonder how many other former APA Presidents and officials will turn out to be connected to this sordid aspect of recent American history.

To remind readers of what is at stake, here is Horton’s summary of Mayer’s account of these techniques:

She provides a number of grueling examples of the application of the techniques including the brutal murder of Manadel al-Jamadi, the placement of prisoners in closed coffins for prolonged periods, and one instance in which a below-the-knee amputee with a prosthesis who had his prosthesis taken away and was forced to stand for hours on one foot, hanging from a rail.

We have already learnt from last Friday’s New York Times article that the Red Cross proclaimed these techniques to be “torture”, not just “tantamount to tortuer” or some such term.

We will undoubtedly be learning much more about Seligman, Mitchell, Jessen and the other torture psychologists in the days and weeks to come. Perhap APA members will finally take it upon themselves to demand radical reform of our professional organization that has closed its eyes to members’ aiding the torturers for far too long.

UPDATE: Seligman has sent a denial that he knowingly aided the CIA in the development of its torture techniques. I’ve posted it here.

6 comments July 13th, 2008

Countdown on torture and war crimes accountability

Countdown discusses the new report by Jane Mayer in her book, The Dark Side, that the Red Cross stated that the CIA’s “enhanced interrogation” program is categorically torture. In it Georgetown University law professor Jonathan Turley states:

“I’d never thought I would say this, but I think it might in fact be time for the United States to be held internationally to a tribunal. I never thought in my lifetime I would say that.”

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[h/t Raw Story.]

Mayer’s book comes outTuesday. I can’t wait to see what other revelations it contains.

Add comment July 13th, 2008

A glimpse inside Jane Mayer’s The Dark Side

The New York Times’  Scott Shane provides an advance glimpse into Jane Mayer’s new book, The Dark Side: The Inside Story of How the War on Terror Turned Into a War on American Ideals, due out next Tuesday. In it we get a better sense of the CIA torture which, as Mayer has previously reported, was designed by psychologists James Mitchell and Bruce Jessen. I suspect the book will contain many other revelations:

Book Cites Secret Red Cross Report of C.I.A. Torture of Qaeda Captives

By Scott Shane

WASHINGTON — Red Cross investigators concluded last year in a secret report that the Central Intelligence Agency’s interrogation methods for high-level Qaeda prisoners constituted torture and could make the Bush administration officials who approved them guilty of war crimes, according to a new book on counterterrorism efforts since 2001.

The book says that the International Committee of the Red Cross declared in the report, given to the C.I.A. last year, that the methods used on Abu Zubaydah, the first major Qaeda figure the United States captured, were “categorically” torture, which is illegal under both American and international law.

The book says Abu Zubaydah was confined in a box “so small he said he had to double up his limbs in the fetal position” and was one of several prisoners to be “slammed against the walls,” according to the Red Cross report. The C.I.A. has admitted that Abu Zubaydah and two other prisoners were waterboarded, a practice in which water is poured on the nose and mouth to create the sensation of suffocation and drowning.

The book, “The Dark Side: The Inside Story of How the War on Terror Turned Into a War on American Ideals,” by Jane Mayer, who writes about counterterrorism for The New Yorker, offers new details of the agency’s secret detention program, as well as the bitter debates in the administration over interrogation methods and other tactics in the campaign against Al Qaeda.

The book is scheduled for publication next week by Doubleday. The New York Times obtained an advance copy.

Citing unnamed “sources familiar with the report,” Ms. Mayer wrote that the Red Cross document “warned that the abuse constituted war crimes, placing the highest officials in the U.S. government in jeopardy of being prosecuted.” Red Cross representatives were not permitted access to the secret prisons where the C.I.A. conducted interrogations, but were permitted to interview Abu Zubaydah and other high-level detainees in late 2006, after they were moved to the military detention center in Guantánamo Bay, Cuba.

The book says the C.I.A. shared the report, which Ms. Mayer first described last year in less detail in The New Yorker, with President Bush and Secretary of State Condoleezza Rice.

Bernard Barrett of the International Committee of the Red Cross declined to comment on the book except to say that the committee “regrets that any information has been attributed to us” because it believes its work is more effective when confidential.

He did confirm that committee personnel “are regularly visiting” the high-level Qaeda prisoners, now at Guantánamo Bay. “We have an ongoing confidential dialogue with members of the U.S. intelligence community, and we would share any observations or recommendations with them.”

The book says Abu Zubaydah told the Red Cross that he had been waterboarded at least 10 times in a single week and as many as three times in a day.

The book also reports that Khalid Shaikh Mohammed, the chief planner of the attacks of Sept. 11, 2001, told the Red Cross that he had been kept naked for more than a month and claimed that he had been “kept alternately in suffocating heat and in a painfully cold room.”

The report says the prisoners considered the “most excruciating” of the methods being shackled to the ceiling and being forced to stand for as long as eight hours. Eleven of the 14 prisoners reported prolonged sleep deprivation, the book says, including “bright lights and eardrum-shattering sounds 24 hours a day.”

Ms. Mayer acknowledges that Red Cross investigators based their account largely on interviews with the prisoners. But she writes that several C.I.A. officers she spoke with confirmed parts of the Red Cross description.

A C.I.A. spokesman, Paul Gimigliano, confirmed that Red Cross workers had been “granted access to the detained terrorists at Guantánamo and heard their claims.” He said the agency’s interrogations were based on “detailed legal guidance from the Department of Justice” and had “produced solid information that has contributed directly to the disruption of terrorist activities.”

“The Dark Side” also describes a frightening false alarm at the White House on Oct. 18, 2001, when, it says, an alarm went off on a machine designed to detect biological, chemical or radiological attacks. Among those who believed they might have been exposed to a pathogen was Vice President Dick Cheney.

1 comment July 11th, 2008

Nordic Psychological Associations’ Questions of the American Psychological Association on Psychologists’ Participation in Interrogations

The Nordic Psychological Associations have together written a letter to the American Psychological Association posing a number of questions regarding the APA’s policy regarding psychologists’ participation in detainee interrogations. [pdf here]. It will be interesting to see the APA response:

————————

Oslo, 25th June 2008

American Psychological Association
Att: President Alan E. Kazdin
750 First Street,
NE, Washington, DC 20002-4242 USA

[Our ref: 780/1440/08 TLH/hs]

Questions about APAs stand on psychologist’s participation in US military and CIA interrogations.

The policy of the American Psychological Association (APA) regarding the involvement of psychologists in military interrogations has fuelled debate within the psychological communities in our Nordic countries, as it has in the US. The Scandinavian Psychological Associations thus wish to address the matter to share our friendly concerns, as well as to make sure that our understanding of these difficult questions is based on correct interpretations of the stated policies.

The participation of psychologists in interrogations, and the allegations that psychologists have been present in situations where coercive and abusive interrogation techniques have been used, has been brought to international attention through numerous newspaper articles (e.g. Eban, 2007; Lewis, 2004; Mayer, 2005, 2007; Zagorin & Duffy, 2005), articles in academic journals (e.g. Miles, 2007), reports issued by human rights organizations (e.g. Physicians for Human Rights, 2005) and recently declassified military reports (e.g. Office of the Inspector General of the Department of Defence, 2006).

We acknowledge the action taken by the APA to prevent the involvement and participation of psychologists in torture and other cruel, inhuman and degrading treatment. We especially welcome the latest amendment (APA, 2008) to the 2007 resolution (APA, 2007), which refers to important international standards and seals many of the potential “loopholes” in the 2007 resolution. However, we are still concerned over a number of issues.

1. Both the 2006 (APA, 2006) and 2007 resolutions, as well as the 2008 amendment, make reference to, among other international standards, the UN Principles of Medical Ethics (UN General Assembly, 1982), which states that:

It is a contravention of medical ethics for health personnel, particularly physicians, to be involved in any professional relationship with prisoners or detainees where the purpose of which is not solely to evaluate, protect or improve their physical and mental health. (Principle 3).

And:

It is a contravention of medical ethics for health personnel, particularly physicians:

(a) To apply their knowledge and skills in order to assist in the interrogation of prisoners and detainees in a manner that may adversely affect the physical or mentalhealth or condition of such prisoners or detainees and which is not in accordance with the relevant international instruments. (Principle 4)

The aim of psychologists’ involvement in military interrogations has been to evaluate where the potentially weak spots are, when to push or not to push the person under interrogation harder in pursuit of intelligence information (Office of the Surgeon General, 2005) and to teach interrogators how to exploit high value detainees (Office of the Inspector General of the Department of Defence, 2006). Does APA consider such actions to be consistent with the UN Principles of Medical Ethics?

2. We regret that the APA Council of Representatives in 2007 did not adopt the amendment that psychologists’ roles in settings and environments where detainees are deprived of fundamental human rights should be limited to providing mental health care and psychological treatment (Okorodudu, Strickland, Van Hoorn, & Wiggins, 2007). Indeed, the UN Special Rapport on Torture considers the presence and participation of psychologists in settings and environments that violate international humanitarian law and basic human rights standards, in other capacities than that of a health care provider, as acquiescence to the violations committed (Coalition for an Ethical Psychology, n.d.). We are concerned that the mere presence of psychologists in settings and environments where detainees are deprived of their most fundamental human rights may be interpreted as a way of condoning these practices, giving support and legitimacy to serious violations of international law and human rights. What is the APA’s opinion in this matter?

3.   We also have concerns regarding the seemingly incompatible nature of the APA Ethics Code (2002) and the 2007 resolution (APA, 2007). Whereas the Ethics Code provision 1.02 sets forth that if there is a conflict between ethical principles and the law stating that “psychologists may adhere to the requirements of the law, regulations, or other governing legal authority”, the 2007 resolution states that there

are no exceptional circumstances whatsoever, whether induced by a state of war or threat of war, internal political instability or any other public emergency, that may be invoked as a justification for torture or cruel, inhuman, or degrading treatment or punishment, including the invocation of laws, regulations, or orders.

Does the 2007 resolution supercede the Ethics Code provision 1.02? How are these two standards to be interpreted by psychologists?

4. Furthermore, according to the Introduction and applicability section of the APA Ethics Code (2002), psychologists should perform their work “in keeping with basic principles of human rights”. This entails that “a psychologist acting in a professional capacity could not invoke the law to justify an abuse of human rights” (Behnke, 2004). How does this apply to psychologists working in places and in environments in which violations of human rights and international law systematically occur as a matter of institutional policy, such as at Guantanamo Bay and “CIA black sites”?

5. Although the Introduction and applicability section of the APA Ethics Code makes reference to human rights, the Ethics Code provision 1.02 does not. This gives the impression that the idea of psychologists adhering to fundamental human rights in their work is merely aspirational and not enforceable (Olson, Soldz, & Davis, 2008). Even if the 2007 resolution supersedes the Ethics Code provision 1.02, we are concerned that the current wording of the provision 1.02 allows psychologists to participate in human rights violations that do not reach the standard of torture or other cruel, inhuman and degrading treatment. Does APA deem it ethical for psychologists to actively participate in situations where enforced disappearances and incommunicado detention/imprisonment without charge or trial occur?

6.   One of the main arguments of the APA for the continued presence of psychologists in military interrogations is that this presence ensures that interrogations are conducted in a safe, ethical and legal manner. Although we agree that psychologists do possess important knowledge of the stresses of captivity, for instance SERE (survival, evasion, resistance & escape) psychologists, we are concerned by the practice of using military psychologists in the capacity of “safety officers”. To illustrate this point, we can mention that Danish military psychologists refuse to participate in the practical prisoners of war exercises/training that Danish soldiers have to undergo as part of their preparations for active service in war zones. This refusal on the part of the psychologists refers directly to their ethical guidelines and obligations (Ulrichsen, 2005). We are concerned that the “dual loyalty” difficulties (Physicians for Human Rights & University of Cape Town, 2002) inherent in these settings will impose restrictions on the psychologists’ possibility to act as whistle blowers in relation to potential human rights violations. Is it not so that APA would promote the protection of detainees far better by working to secure/grant independent organizations, such as the International Committee of the Red Cross, and other independent human rights monitoring bodies, unlimited access to all detainees in order to prevent abuse and ill-treatment? We are concerned that military psychologists cannot function in an ethically correct way in sites where basic human rights are systematically violated, and where appropriate international bodies of control are denied access.

7. In relation to this last point - what initiatives have been taken from the APA to secure that independent and thorough investigation have taken place in situations where allegations of psychologist involvement in torture and other ill-treatment have been presented?

We hope to engage in a constructive and open dialogue with the APA on these issues. We also hope to develop a close collaboration with the objective of eliminating all torture and cruel and degrading treatment. Our aim is a better and more practical approach to the necessary assistance of all people exposed to torture who are in critical need of good psychological treatment and rehabilitation. International attempts at justice and accountability for human rights violations represent an issue of great importance to our common field, and is one that deserves our deepest involvement and attention.

The committee is fully aware that this has been an issue between EFPA and APA for a long time. It is our view that this dialogue should continue, but we would like to raise these questions on behalf of the Scandinavian associations.

Tor Levin Hofgaard
President of the Nordic Committee of Psychologists’ Associations
President of the Norwegian Psychological Association

References:

APA (2002). Ethical Principles of Psychologists and Code of Conduct. Retrieved from http://www.apa.org/ethics/code2002.pdf

APA (2006, August 9). Resolution Against Torture and Other Cruel, Inhuman, and Degrading Treatment or Punishment. Retrieved June 10, 2008, from http://www.apa.org/governance/resolutions/notortureres.html

APA (2007, August 19). Reaffirmation of the American Psychological Association Position Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment and Its Application to Individuals Defined in the United States Code as “Enemy Combatants”. Retrieved May 11, 2008, from http://www.apa.org/governance/resolutions/councilres0807.html

APA (2008, February 22). Amendment to the Reaffirmation of the American Psychological Association Position Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment and Its Application to Individuals Defined in the United States Code as “Enemy Combatants”. Retrieved May 11, 2008, from  http://www.apa.org/governance/resolutions/amend022208.html

Behnke, S. (2004). APA’s new Ethics Code from a practitioner’s perspective. Monitor on Psychology, 35(4). Retrieved from http://ww-w.apa.org/monitor/apr04/ethics.html

Coalition for an Ethical Psychology (n.d.). Analysis of the American Psychological Association’s frequently asked questions regarding APA’s policies and positions on the use of torture or cruel, inhuman or degrading treatment during interrogations. Retrieved June 10, 2008, from http://psychoanalystsopposewar.org/blog/wp-content/uploads/2008/01/apa_faq_coalition_comments_v12c.pdf

Eban, K. (2007, July 17). Rorschach and awe. Vanity Fair. Retrieved May 11, 2008, from http://www.vanityfair.com/politics/features/2007/07/torture200707

Lewis, N.A. (2004, November 30). Red Cross finds detainee abuse in Guantanamo. The New York Times. Retrieved May 11, 2008, from  http://select.nytimes.com/search/restricted/article?res=F30910FF3A5A0C738FDDA80994DC404482

Mayer, J. (2005, July 1 1). The experiment. The New Yorker. Retrieved May 11, 2008, from http://www.newyorker.com/archive/2005/07/11/050711fa_fact4?printable=true

Mayer, J. (2007, August 13). The Black Sites: A rare look inside the C.I.A.’s secret interrogation program. The New Yorker. Retrieved May 11, 2008, from http://www.newyorker.com/reporting/2007/08/13/070813fa_fact_mayer?printable=true

Miles, S.H. (2007). Medical ethics and the interrogation of Guantanamo 063. The American Journal of Bioethics, 7(4), 1-7.

Office of the Inspector General of the Department of Defence (2006, August 25). Review of DoD-directed investigations of detainee abuse. Retrieved May 11, 2008, from http://www.fas.org/irp/agency/dod/abuse.pdf

Office of the Surgeon General (2005, April 13). Final report: Assessment of detainee medical operations for OEF, GTMO, and OIF. Retrieved May 12, 2008, from http://www.amedd.army.mil/news/detmedopsrprt/detmedopsrpt.pdf

Okorodudu, C., Strickland, W.J., Van Hoorn, J.L., & Wiggins, E.C. (2007). A call to action: APA’s 2007 Resolution against torture. Monitor on Psychology, 38(10). Retrieved May 12, 2008, from http://www.apa.org/monitor/nov07/calltoaction.html

Olson, Soldz, & Davis, (2008). The ethics of interrogation and the American Psychological Association: A critique of policy and process. Philosophy, Ethics, and Humanities in Medicine, 3(3).

Physicians for Human Rights (2005). Break them down: Systematic use of psychological torture by US. Forces. Cambridge: Physicians for Human Rights.

Physicians for Human Rights & University of Cape Town. (2002). Dual loyalty and human rights in health professional practice: Proposed guidelines & institutional mechanisms. Retrieved February 12, 2008, from  http://physiciansforhumanrights.org/library/documents/reports/report-2002-duelloyalty.pdf

Ulrichsen, R. (2005). Forsvar for etikken. [In defence of an ethical psychology.] Psykolog Nyt, 21, 1. Retrieved May 11, 2008, from http://infolink2003.elbo.dk/PsyNyt/Dokumenter/doc/13387.pdf

UN General Assembly (1982, December 18). Principles of Medical Ethics relevant to the Role of Health Personnel, particularly Physicians, in the Protection of Prisoners and Detainees against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. Retrieved May 12, 2008, from http://www.unhchr.ch/html/menu3/b/h_comp40.htm

Zagorin, A., & Duffy, M. (2005, June 12). Inside the interrogation of detainee 063. Time Magazine. Retrieved May 11, 2008, from  http://www.time.comitime/magazine/article/0,9171.1071284,00.html

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