TPMCafe
« Housing Market Meltdown: Who Is To Blame? | Home | The mortgage maze »

Mayer Builds a Case Against Cheney and Addington

user-pic

The New Yorker's Jane Mayer has an extremely important piece in the 13 August edition of the magazine titled "The Black Sites: A Rare Look Inside the CIA's Secret Interrogation Program."

I knew from other sources that Mayer was working on a major article that would expose a closely held International Committee of the Red Cross report finding that American interrogators were using torture techniques -- but did not know that her piece would be so comprehensive. This article -- which is very long -- should be read in full by anyone who wants to understand the details of the "darkness at noon" like intrigue that we have created. And it doesn't even produce results that are dependable.

Much of this story is about Khalid Sheikh Mohammed's confession that he beheaded Wall Street Journal reporter Daniel Pearl. Pearl's wife and many others close to the case don't have confidence in the confession or the CIA interrogators involved and their techniques for extraction of information from detainees.

The two parts of the essay that are of particular interest to me are first, the section about the ICRC report on US torture habits and second on the view that many have that despite all of the drama about Guantanamo and Abu Ghraib and the various "black sites," it turns out in one of the highest profile cases involving Mohammed, there is enormous doubt about the information he coughed up.

Jane Mayer writes about the confidential ICRC report:

Since the drafting of the Geneva Conventions, the International Committee of the Red Cross has played a special role in safeguarding the rights of prisoners of war. For decades, governments have allowed officials from the organization to report on the treatment of detainees, to insure that standards set by international treaties are being maintained.

The Red Cross, however, was unable to get access to the C.I.A.'s prisoners for five years. Finally, last year, Red Cross officials were allowed to interview fifteen detainees, after they had been transferred to Guantanamo.

One of the prisoners was Khalid Sheikh Mohammed. What the Red Cross learned has been kept from the public. The committee believes that its continued access to prisoners worldwide is contingent upon confidentiality, and therefore it addresses violations privately with the authorities directly responsible for prisoner treatment and detention. For this reason, Simon Schorno, a Red Cross spokesman in Washington, said, "The I.C.R.C. does not comment on its findings publicly. Its work is confidential."

The public-affairs office at the C.I.A. and officials at the congressional intelligence-oversight committees would not even acknowledge the existence of the report.

Among the few people who are believed to have seen it are Condoleezza Rice, now the Secretary of State; Stephen Hadley, the national-security adviser; John Bellinger III, the Secretary of State's legal adviser; Hayden; and John Rizzo, the agency's acting general counsel. Some members of the Senate and House intelligence-oversight committees are also believed to have had limited access to the report.

Confidentiality may be particularly stringent in this case. Congressional and other Washington sources familiar with the report said that it harshly criticized the C.I.A.'s practices. One of the sources said that the Red Cross described the agency's detention and interrogation methods as tantamount to torture, and declared that American officials responsible for the abusive treatment could have committed serious crimes.

The source said the report warned that these officials may have committed "grave breaches" of the Geneva Conventions, and may have violated the U.S. Torture Act, which Congress passed in 1994. The conclusions of the Red Cross, which is known for its credibility and caution, could have potentially devastating legal ramifications.

Mayer's meticulous reporting could potentially contribute to a legal case against those inside the US government who approved these torture techniques. It's interesting to go back and read Jane Mayer's brilliant expose on Cheney chief of staff David Addington, who is well known as the administration's pro-torture advocate. David Ignatius dubbed him "Cheney's Cheney."

And the kicker of the story is also extremely important. To put it bluntly, all of the secret interrogation sites, military tribunals, rendition programs, and all of the intelligence drama has "undermined certainty" in these legal cases and introduced huge doubts.

As Jane Mayer reports:

Critics of the administration fear that the unorthodox nature of the C.I.A.'s interrogation and detention program will make it impossible to prosecute the entire top echelon of Al Qaeda leaders in captivity. Already, according to the Wall Street Journal, credible allegations of torture have caused a Marine Corps prosecutor reluctantly to decline to bring charges against Mohamedou Ould Slahi, an alleged Al Qaeda leader held in Guantanamo. Bruce Riedel, the former C.I.A. analyst, asked, "What are you going to do with K.S.M. in the long run? It's a very good question. I don't think anyone has an answer. If you took him to any real American court, I think any judge would say there is no admissible evidence. It would be thrown out."

The problems with Mohammed's coerced confessions are especially glaring in the Daniel Pearl case. It may be that Mohammed killed Pearl, but contradictory evidence and opinion continue to surface.

Yosri Fouda, the Al Jazeera reporter who interviewed Mohammed in Karachi, said that although Mohammed handed him a package of propaganda items, including an unedited video of the Pearl murder, he never identified himself as playing a role in the killing, which occurred in the same city just two months earlier.

And a federal official involved in Mohammed's case said, "He has no history of killing with his own hands, although he's proved happy to commit mass murder from afar." Al Qaeda's leadership had increasingly focussed on symbolic political targets. "For him, it's not personal," the official said. "It's business."

Ordinarily, the U.S. legal system is known for resolving such mysteries with painstaking care. But the C.I.A.'s secret interrogation program, Senator Levin said, has undermined the public's trust in American justice, both here and abroad. "A guy as dangerous as K.S.M. is, and half the world wonders if they can believe him -- is that what we want?" he asked. "Statements that can't be believed, because people think they rely on torture?"

Asra Nomani, the Pearls' friend, said of the Mohammed confession, "I'm not interested in unfair justice, even for bad people." She went on, "Danny was such a person of conscience. I don't think he would have wanted all of this dirty business. I don't think he would have wanted someone being tortured. He would have been repulsed. This is the kind of story that Danny would have investigated. He really believed in American principles."

It seems that the best protection Americans and even victims of America had as far as the protection of their basic human rights was when the Soviet Union was challenging us in a global Cold War. Then, the U.S. had to be different -- to present an alternative model.

Without the Soviet Union to juxtapose ourselves against, Bush's dark and cynical leadership has taken this nation not towards increased liberty but to a place where we have our own kind of gulags.

And to some degree Khalid Sheikh Mohammed and Vice President Cheney are conspiring with one another to knock the legs from beneath our democracy. They feed on each other and help each other while pretending to be enemies -- but both harm us.

-- Steve Clemons is Senior Fellow and Director of the American Strategy Program at the New America Foundation and publishes the popular political blog, The Washington Note


29 Comments

| Leave a comment

A chilling article, putting a lot of information together. Thank you Jane Mayer. And I agree, Sheikh Mohammed and Cheney seem to be two sides of the same coin. IMHO, it doesn't matter in the least how credible a prisoner's confessions are. Except in the ticking bomb scenario, it does not justify torture.

But, in discussing the KLM case, Mayer leaves out, I think, a crucial part of the story. My understanding is that KLM's kids, seven and nine y.o. boys, were initially detained kidnapped by Pakistani police, which led to his location being revealed.

The CIA took possession of the children after he was captured and used them as leverage, along with the water boarding and other "techniques." Holding a gun to the heads of a man's kids, in effect, just like mock drowning, will likely get him to say anything, but at what cost? Is this America?

I've been reading about intelligence and sabotage efforts by the UK and US before and during WW II. What is clear is that when people are desperate, as were the British during the first year of war, they will do the unthinkable without compunction.

But it's hard to portray the US as facing an existential challenge. England was hearing that Hitler planned to invade, and had been suffering through vicious bombing of civilian targets for months without relief.

On top of that, the British never tried to paint their bloody hands white; they didn't codify torture and assassination in law, they simply did it as they felt necessary.

Institutionalizing torture is a purely imperial move.

Well, the Bush administration was desperate - desperately eager to start torturing somebody. What gets me about these clowns is that torture wasn't a last resort; it was the first and only resort. For some of the Bushies, it's a fundemental fact of their character that they love the idea of having someone tortured.

Torture, assassination and domestic warrantless spying on citizens justified by terrorists who were aided and abetted by figures in this administration at some point in their careers as terrorist, it's like really bad “B” rate movie that has come to life.

Pelosi and Reed ought to be removed from leadership positions as they are obviously too related to what is going on (representatives on the instutionalized take, profiting from government contracts, tied to government lobbyists), to be free to do the right thing which is to instigate serious, top priority hearings into a criminal administration leading to the impeachment and removal of Bush and Cheney and criminal prosecutions against several of the treacherous Neo-Cons employed by Bush Inc. who have played hob with our democratic system and helped rob the treasury.

There is no excuse for not acting against this administration (regardless of consequences) except complicity in the nefarious acts any wide-awake informed citizen can plainly see are being daily committed. This crowd running the country are a pack of greedy corrupt men and women who are completely without scruples or respect for the Constitution and the rule of law. I’m sick of these moral midgets trying to justify their fanatical ideology and monumental greed by claiming pragmatic patriotism, it is enough to make William James or even Dewey let alone any real patriot puke…

I think we would benefit from remembering a precept or two from John Locke's A Letter Concerning TolerationCertainly the context is different, but the principles remain the same:

[The civil magistrate’s] power consists only in outward force; ...And such is the nature of the understanding, that it cannot be compelled to the belief of anything by outward force. Confiscation of estate, imprisonment, torments, nothing of that nature can have any such efficacy as to make men change the inward judgement [sic] that they have framed of things.

and 

But penalties are no way capable to produce such belief. It is only light and evidence that can work a change in men's opinions; which light can in no manner proceed from corporal sufferings, or any other outward penalties.

and

But the business of laws is not to provide for the truth of opinions, but for the safety and security of the commonwealth and of every particular man's goods and person. And so it ought to be. For the truth certainly would do well enough if she were once left to shift for herself. She seldom has received and, I fear, never will receive much assistance from the power of great men, to whom she is but rarely known and more rarely welcome. She is not taught by laws, nor has she any need of force to procure her entrance into the minds of men. Errors, indeed, prevail by the assistance of foreign and borrowed succours.

In sum, torture doesn't work. It creates liars, willing to tell their captors what they want to hear, or it creates martyrs to inspire others to disrupt the common peace, or both.

aMike

~

Is this America?


Not in my wildest nightmares . . .

That type of America only exists if one has bought in by hook, line and sinker to the tactics and bill-of-goods being sold by the current authoritarian Amerofascist regime . . .

~OGD~

~

Toleration? More like the total opposite with this bunch riding rough shod, toltalitarian...

This bunch of corporatist shills and boot-lickers currently in power are just too damn lazy to take the correct actions that Locke has outlined. Simple as that...

The warnings have been around a long long time . . .

Chapter 6: TOTALITARIA AND ITS DICTATORSHIP

~OGD~

... and what does our glorious Congress do - give Bush six more months of enhanced power with even fewer safeguards. This is disgustingly unbelievable.

Tom

It's important to remember that at least one third of Americans have no problem with human torture and being spied on. Bush knows what he is doing.

You're right, OGD, that this nightmare has been created by the WH. "Enhanced interviewing techniques" like waterboarding can only come from the minds of those compassionate conservatives. And I understand that the Republicans in congress are responsible, too, since they have only acted as lapdogs for Bush and Cheney's power grab.

Still, I see the Dems stumble over themselves this week to pass Bush's FISA "improvements," legalizing much of the warrantless spying, and I wonder where the check on this unitary executive is. I see the Dems allow the Iraq war to continue unconditionally and wonder how much it emboldens this omnipotent war president. I see the Dems allow the Military Commissions Act codifying some of this torture and denial of due process instead of filibustering it and wonder if the administration is only as authoritarian as they're allowed to be.

Where is the opposition party? The only authority that can stop this undermining of democracy is congress and they don't seem inclined to do so.

BVZ,
I frequently have dialogue segments from 'My Cousin Vinny" popping up in my head [I know] and your condemnation of Pelosi and Reid reminded me of the "aidin and abettin" lines when young Bill is being interrogated by an Alabama sheriff.
-------------
Bill: You know, it just happened. ("It" is a fatal shooting according to the sheriff, but Bill doesn't know about the shooting, he thinks the sheriff is talking about the simple theft of a can of tuna by himself when he was in a convenience store with Stan.)
Sheriff: Did Stan try to stop you at any time?
Bill: No. I mean, he was... Is that a big deal?
Sheriff: Aidin' and abettin'.
Bill: Aiding and abetting? Is that a major thing?
Sheriff: Oh, yeah. Yeah!
--------------
Pelosi and Reid, aidin' and abettin', a major thing, yeah.

In sum, torture doesn't work. It creates liars, willing to tell their captors what they want to hear, or it creates martyrs to inspire others to disrupt the common peace, or both.

 

 Torture also creates liars, willing to tell their captors what their captors want them to say. That and the disruption of "the common peace" may well be the intention.

Torture also makes people more likely to fight to the death than surrender.

Impeach.

Efficacy. Public approval. Enhanced interrogation.

All of this circumvents the simple question of should we torture. Growing up in the later part of the cold war, I was schooled that a fundamental difference between us and the Soviets was that the Soviets believed the ends justifies the means, whereas the we were concerned with the human rights part of the means. Yes, it was US propaganda; afterall our consuting in El Salvador mocked the distinction. But it was part of the American legend and lore. A part that can no longer be repeated under the withering body of evidence that we have now mastered the means justified solely by the ends.

We can discuss the ends as not being reliable. We can disect the means as skirting the borders of torture. But we cannot argue our inclination to act in this manner.

I lost twelve good friends on 9/11. They were killed when the first plane smashed through their office suites high in Tower One. Not one of them would approve of what's happened since, and it makes me sick at heart to imagine that they are part of the rationale that convinces our leaders and people that this is okay.

When the politcal sun has set on this administration, I hope like hell the investigations go on. The damage is done and we may be able to survive another 16-months of them, but once they've packed the last box we need to get to repairing all of their damage.

/c

In the blogosphere every one is an expert, so no one is an expert.

I've read about this piece a couple of places today. One thing struck me in particular. It was said that what was done at the black sites was completely different than the stuff that went on at Abu Ghraib and Guantanamo. But, it was explained, where the interrogators "went too far" at the black sites, it was because they were inexperienced in the techniques.

Wellllll, it seems to me that the explanation for what went on at Abu Ghraib and Guantanamo was exactly the same: Where they went too far, it was because they were inexperienced in the techniques. Oh, and they were a few bad apples.

No bad apples at the black sites, I take it. Thanks, I feel better already.

I read it as more that, since the torture and war crimes that were going on at the black sites was authorized at the highest levels, it was therefore OK. Sort of the omnipresent "if the President does it, that means it's not illegal" argument that will be the Bush administration's primary contribution to our history.

... and convict.

Tom

More like disgustingly predictable, unfortunately.

The New Yorker article is very well put together. Thanks for bringing it to our attention.

Unfortunately the United States is in worse shape than you imagine would be possible. The opposition party to the torturers are fully corrupted and impotent to make changes. They sacrifice treaties for a chance at votes in 2008.

The Democrats prefer playing political Lotto to upholding their oaths of office.

The investigations so far have been for show and will continue to be for show. They don't care if Cheney authorizes torture. Unless they can get a vote out of it, it doesn't matter to them.

It will be up to the lazy and fat citizens of the US to get off their couches and make their government listen, and I don't see that happening in the next decade.

Again, perhaps a not unintended consequence.

What if there were incontrovertible evidence that torture (as commonly defined) was effective in gaining intelligence on critical matters? Would there then be some question as to whether the state should employ it? No, of course not. The state can in no way, ever be allowed to trespass beyonds the bounds set by such articles of enlightenment such as the U.S. Constitution. It is inherent in the nature of the relationship of the governed and the government that such acts should be strictly taboo.

 

Agreed. As I posted earlier, the means does not justify the ends. Too much of the debate is about whether or not the ends represent reliable intelligence, which results in compromises that skirts the boundaries of some poorly defined understanding of torture: for example, "our findings are that waterboarding is ineffective since suspect will lie to escape their terror, whereas sleep deprivation and extreme cold provide more reliable information."

The real debate ought to be about whether any form of torture, under any innane nomenclature ("Enhanced Interrogation" etc.), is morally permissable. The answer, as set forth by our forefathers who drafted and ratified the US Constitution, is simply "no." The convenant of that document is that the state may not imprison you without charge, may not prosecute without a defense that includes the right to face your accuser, and may not treat one to cruel and unusual punishment.

It is simple and timeless language that is beyond debate.


/c

In the blogosphere every one is an expert, so no one is an expert.

Agreed as well. I would also suggest that beyond any moral restrictions there is an existential reason that the state cannot engage in torture. The covenant you speak of is part of the source of power of the state in a democracy. Should that covenant be broken so is that source of power, democracy then dies.

Not to go overboard with a democracy love-fest, but I agree with you completely. It's the John Locke view that we give up some freedoms to form a government that protects the balance of our freedoms. As soon as that is nullified by the state, as described earlier, the compact ceases to exist.

This may all sound rather philosophical, but as you mentioned, it's an existential fact.
/c

In the blogosphere every one is an expert, so no one is an expert

Churchill, writing in the aftermath of WW I:

"Torture and Cannibalism were the only two expedients that the civilized, scientific, Christian states had been able to deny themselves."

Down to one, now, but he was writing before WW II, which saw plenty of torture (which he approved). This is the risk of entering a war, or even calling something a war, that expedience will call for desperate measures.

Actually, down to zero. There was cannibalism in Leningrad during WWII according to what I believe I read in Harrison Salisbury's book, 900 Days.

Tom

What disturbs me about the Black Sites article is - well, the devil is in the details.  I don't know about Guantanamo, but looking at the actions of those responsible at Abu Ghraib I see a striking similarity to the torture details that Mayer's maps out in her description of CIA torture.  It suggests to me that what happened at Abu Ghraib was in fact part and parcel of the same MO that the Black Sites are using, which in turn suggests that the CIA was pulling command strings there (or at least participating in a morbid technology transfer program - which would have required a lot of cooperation with junior, field and general grade military officers.  

I think its comparable to how the Latin American "Death Squads" operated.  The evidence was always the same - dead bodies found outside town dressed in underwear, showing signs of physical torture.  There were many other comparable MOs, and it seemed to all come out of the training manuals of the School of the Americas...or did it? The "science and art" of torture and terrorism may have been a French export - remember the OAS (Organization armée secréte) in Algeria in the early sixties, who not only defied Charles de Gual, but attempted on more than one occasion to assassinate him.  After they lost Algeria, they couldn't return to France, so they fled to Franco Spain and Latin America.  Colonel Jean Gardes, for example, arrived in Argentina in 1963, and taught counter-insurgency at ESMA (the Navy Mechanics School) - ESMA became the torture center in Argentina's "Dirty War" and it was there that concepts such as "disappearances" were theorized and taught - the "Death Flights" which had originated in the Algerian war.  One OAS fugitive became Pinochet's advisor in Chile.  Prior to Brazil's military coup in 1964, Death Squad activity began appearing in Brazilian cities.  The MO was the same as it was in El Salvador, Nicarauga and Guatemala decades later.  This stuff is obviously being taught, and I think it's likely that OAS criminals wrote the books that the School of the America used.

Neoboho

Democracy Now covered the story with Mayer today:

http://www.democracynow.org/article.pl?sid=07/08/08/1338248


I haven't tuned in just yet, but there ya go.

Leave a comment

Advertisement
Please disable your adblocker!
Ads are how we pay the bills!

Subscribe

The Coffee House
TPMCafe's regulars

House Brew
From Your Cafe Editor

Special Guests
Big names and big brains

Special Features
Pressing topics and trends

Table for One
An expert's week-long talk.

All Reader Posts
TPM readers discuss.

Recent Reader Posts

All Reader Posts »



Book Club Calendar


Coming Soon



Nov. 30-Dec. 4



January 12-16



« Book Club ArchiveFull calendar »

Book Club Archive



Masthead

Editor-in-Chief
Josh Marshall

Site Editor
Lila Shapiro

Intern
Kyle Krahel-Frolander



Subscribe to TPMCafe's feed.
Subscribe to TPMCafe's reader blog feed.

Advertise Liberally
Share
Close Social Web Email

"To" Email Address

Your Name

Your Email Address