Salon's "Torture 13": Dick Cheney and the People Who Helped Make Torture Possible
Here's a must-read article now up at Salon.com:
May 18, 2009 | On April 16, the Obama administration released four memos that were used to authorize torture in interrogations during the Bush administration. When President Obama released the memos, he said, "It is our intention to assure those who carried out their duties relying in good faith upon legal advice from the Department of Justice that they will not be subject to prosecution."
Yet 13 key people in the Bush administration cannot claim they relied on the memos from the DOJ's Office of Legal Counsel. Some of the 13 manipulated the federal bureaucracy and the legal process to "preauthorize" torture in the days after 9/11. Others helped implement torture, and still others helped write the memos that provided the Bush administration with a legal fig leaf after torture had already begun.
The Torture 13 exploited the federal bureaucracy to establish a torture regime in two ways. First, they based the enhanced interrogation techniques on techniques used in the U.S. military's Survival, Evasion, Resistance and Escape (SERE) program. The program -- which subjects volunteers from the armed services to simulated hostile capture situations -- trains servicemen and -women to withstand coercion well enough to avoid making false confessions if captured. Two retired SERE psychologists contracted with the government to "reverse-engineer" these techniques to use in detainee interrogations.
These are just the first three paragraphs of the article, which also includes a list of what they are calling "The Torture 13", each of whose role is described in detail:
1. Dick Cheney
2. David Addington
3. Alberto Gonzales
4. James Mitchell
5. George Tenet
6. Condoleeza Rice
7. John Yoo
8. Jay Bybee
9. William "Jim" Haynes
10. Donald Rumsfeld
11. John Rizzo
12. Steven Bradbury
13. George W. Bush
















From Salon -- OLC has the power, Goldsmith continues, to dispense "get-out-of-jail-free cards."
I have to dispute this "permission slip" interpretation of the OLC memos. They just don't do that, they cannot. The most they can offer is some false confidence, which is fitting given the high level of falsity in the Bush Administration.
The memos I've read do not "preauthorize" anything. At most they review interpretations of law and custom. They could provide guidelines for a defense, but that's hardly a "get-out-of-jail-free cards" thing. It assumes the prosecution doesn't have a sound alternative. But the OLC is obviously not SCOTUS even if some in Bush&Co acted as if they were outside the law.
Legal opinions are not Court rulings, period.
I don't know who needs to go to jail, but I do know that we should not accept the bullshit being served up about this issue (torture etc).
May 18, 2009 6:46 PM | Reply | Permalink
I'm surprised Goldsmith isn't #14 on the list. I can't believe people are still taking refuge in the false notion that Bush/Cheney were the law, and therefore above the law, or that whatever they chose to do was therefore legal.
May 18, 2009 7:00 PM | Reply | Permalink
I saw this Astral. This needs to be bookmarked by all of us. THE THIRTEEN.
Lets you and I write a book with that title. HA
jEEEZ I AM GLAD YOU POSTED THIS!!!!
May 18, 2009 7:02 PM | Reply | Permalink
A Baker's Dozen: The Rolls of Iniquity
??
May 18, 2009 7:15 PM | Reply | Permalink
In other news, KO just led off Countdown with the Bible verse intelligence briefs that we were posting about. General theme: Bush was a dupe.
May 18, 2009 8:07 PM | Reply | Permalink
His pundit, Gaddy(?), was pretty good.
May 18, 2009 10:30 PM | Reply | Permalink
Was that the Baptist minister he had on? That guy really laid the smack down on the mis-use of the bible for military purposes. Wish I had a transcript of that exchange.
May 19, 2009 12:34 PM | Reply | Permalink
Yeah, that is who I was thinking of. Here is the link to that segment:
http://www.msnbc.msn.com/id/3036677/#30815275
May 19, 2009 5:36 PM | Reply | Permalink
Thanks DD. I was tempted to cut-n-paste all of the blurbs on each of the 13, but tried to stay within the "3 paragraph limit" for copyrighted material. It's a good start on "Torture's Most Wanted".
May 18, 2009 7:46 PM | Reply | Permalink
Thank you, Astra. A link to the salon piece should be made part of every torture blog or every blog wanting investigations.
May 18, 2009 8:11 PM | Reply | Permalink
Ignorance of law is not much of an excuse (and usually not any kind of), but I am even more convinced that Cheney was obsessed, not Machiavellian, regarding Iraq. That he would risk legal jeopardy to chase an Iraq-Al Qaeda connection exposes the fallacy deforming White House policy.
Other evidence includes the huge increase in air sorties the year before invasion, expected to enrage Saddam and force a Tonkin Gulf; the ludicrous suggestion by GWB to overfly Iraq with a Red Cross-labeled airplane, inviting attack; WMD; and the panicked response of relocating to the Naval Observatory basement, semi-permanently, after 9/11.
These guys really did think they were right, and the enormities are explainable if we think about them (at least Cheney) having trouble sleeping, wondering if a follow-up AQ attack was in the works, and if Iraq really had WMD that might get thrown into the mix.
I'm having trouble finding the dividing line between certainty and insanity, between desperate defending or callous indulgence. And too many deluded Americans still feel all is fair in war, and that it was war. I don't know how to indict half the country. It has to start with Bush, and that has to start with Congress.
May 18, 2009 9:06 PM | Reply | Permalink
Thanks for your comments, Tom. I'm sure that at the beginning of every string of events that make up this convoluted web of lies and deceit, one will find Halliburton and Bush Oil. It's all about the money, power and greed, and the desire to control Iraq's oil. It's funny that we hear about the quarterly reports of the billions that companies like Exxon, Shell, and Mobil make, but never a peep about the profits of Halliburton, KBR, or any of their affiliates. Of course, so much of the money was disappeared anyway. A lot of people got rich off of this enterprise, it's with them that the real answers will be found.
May 19, 2009 12:26 AM | Reply | Permalink
The only reason they continued this program was because they got the lawyers to cook up legal opinions. Right or wrong have nothing to do with this. Its about what you can prove as legal.
Go after the lawyers. They are the glue holding this bullshit together.
May 19, 2009 1:31 PM | Reply | Permalink
Cue up Warren Zevon's "Lawyers, Guns and Money".
May 19, 2009 1:41 PM | Reply | Permalink
Any thoughts on the ranking of the list?
Yoo and Cheney would be near the top for me.
May 19, 2009 9:36 AM | Reply | Permalink
I would rank it according to office. The higher up they were, the more culpable they are.
May 19, 2009 12:35 PM | Reply | Permalink
I'd make an exception for Yoo. This is a guy who when asked if burying someone alive or crushing the testicles of children is allowed, answered "it depends". Repulsive.
May 19, 2009 2:57 PM | Reply | Permalink
Thanks for this, astral. I placed a link in the comments of my blog yesterday. Along with this article, emptywheel is doing such superb reporting. I highly recommend that everyone check her site daily:
http://emptywheel.firedoglake.com/
And if you read her frequently, you may want to contribute a donation, so she can keep writing about this full time:
https://secure.firedoglake.com/page/contribute/MarcyWheeler
(for the record, I've contributed twice already)
May 19, 2009 1:14 PM | Reply | Permalink
I need to add this to my bookmarks. I keep seeing mention, but if I don't bookmark, I forget to look daily. Thanks!
May 19, 2009 1:39 PM | Reply | Permalink
Very exciting, its like American Idol (I think, is it still on?) or torturing with the stars.
Numbers 1, 2, 7, 8 please step forward.
May 19, 2009 1:25 PM | Reply | Permalink
American Waterboarder? Wouldn't be surprised to see it in the Fox line-up this Fall.
By the way, the finale is tonight. Go Adam!
May 19, 2009 1:40 PM | Reply | Permalink