Tag: CIA

In the wake of the release of the Senate’s Summary Report on the CIA torture program, a German human rights organization, European Center for Constitutional and Human Rights (ECCHR), has filed criminal charges in Germany against the architects of the program and the Bush administration.

17 December 2014 – The ECCHR has today lodged criminal complaints against former CIA head George Tenet, former Defense Secretary Donald Rumsfeld and other members of the administration of former US President George W. Bush. The ECCHR is accusing Tenet, Rumsfeld and a series of other persons of the war crime of torture under paragraph 8 section 1(3) of the German Code of Crimes against International Law (Völkerstrafgesetzbuch). The constituent elements of the crime of torture were most recently established in the case by the US Senate in its report on CIA interrogation methods. “The architects of the torture system – politicians, officials, secret service agents, lawyers and senior army officials – should be brought before the courts,” says ECCHR General Secretary Wolfgang Kaleck, who is appearing today in connection with the issue in front of the German Parliamentary Committee on legal affairs. “By investigating members of the Bush administration, Germany can help to ensure that those responsible for abduction, abuse and illegal detention do not go unpunished.” [..]

ECCHR calls on Federal Prosecutor Harald Range to open investigations into the actions of Tenet, Rumsfeld and other perpetrators and to set up a monitoring process as soon as possible. This would allow the German authorities to act immediately in the event that one of the suspects enters European soil and not have to wait until such point before beginning the complex investigations and legal deliberations. [..]

While criminal complaints against those most responsible for the crimes have been discontinued by the authorities, investigatory proceedings are ongoing in Spain and France in the case of individuals who were detained in Guantánamo. ECCHR is representing German resident Murat Kurnaz in the Spanish proceedings. There is no indication that legal action will be taken by US authorities in relation to torture in Guantánamo and in Iraq. For this reason, recourse will be had to all available legal mechanisms in Europe in order to establish legal liability and to lend support to calls within the US for independent investigations into those responsible at the highest level.

Other criminal complaints have been filed in Spain, Switzerland and France. So far, the only person involved with the CIA torture program who has been charged with a crime is the man who exposed the war crimes, whistleblower John Kiriakou.

Democracy Now!‘s Amy Goodman and Juan González spoke with Michael Ratner, president emeritus of the Center for Constitutional Rights and chairman of the European Center for Constitutional and Human Rights, and longtime defense attorney Martin Garbus about the charges.

Even the New York Times Editorial Board agreed and, in a scathing editorial, accused President Barack Obama of failing his duty to prosecute the tortures and their bosses.

He did allow his Justice Department to investigate the C.I.A.’s destruction of videotapes of torture sessions and those who may have gone beyond the torture techniques authorized by President George W. Bush. But the investigation did not lead to any charges being filed, or even any accounting of why they were not filed. [..]

These are, simply, crimes. They are prohibited by federal law, which defines torture as the intentional infliction of “severe physical or mental pain or suffering.” They are also banned by the Convention Against Torture, the international treaty that the United States ratified in 1994 and that requires prosecution of any acts of torture. [..]

No amount of legal pretzel logic can justify the behavior detailed in the report. Indeed, it is impossible to read it and conclude that no one can be held accountable. At the very least, Mr. Obama needs to authorize a full and independent criminal investigation. [..]

The question everyone will want answered, of course, is: Who should be held accountable? That will depend on what an investigation finds, and as hard as it is to imagine Mr. Obama having the political courage to order a new investigation, it is harder to imagine a criminal probe of the actions of a former president.

Actually, it’s not hard at all. Perhaps the president, after six years, has finely found the courage to do some of the things he promised when first elected, releasing the the innocent men tortured and held illegally at Guantanamo and normalizing diplomatic and some economic relations with Cuba, will find the courage to order his Attorney General to bring them up on charges and put this national disgrace to really behind us.

Cross posted from The Stars Hollow Gazette

In this chapter of the Obama administration’s war on freedom of the press, the cast of character are:

Jeffrey Alexander Sterling, an former employee of the CIA, was indicted, arrested, and charged with violating the Espionage Act in 2010.

James Risen, a Pulitzer Prize-winning American journalist for The New York Time, is the author of the book State of War: The Secret History of the CIA and the Bush Administration, which was discussed CIA operations, specifically Operation Merlin.

Mr. Risen was subpoenaed to testify at Mr. Sterling’s trial and would have been asked if Mr. Sterling was the source for the Operation Merlin. He refused and fought the subpoena through the courts. In July 2013, the Fourth Circuit Court of Appeals ruled that Mr. Risen would have to testify. The Supreme Court refused to hear the case. Mr. Risen said that he would not comply and was willing to go to jail. That was not the end of Mr. Risen’s fight to protect a confidential source.

Then in October 2014, Attorney General Eric Holder stated “no reporter’s going to jail as long as I’m attorney general.” On December 10, a federal court judge told prosecutors that they had a week to decide whether they enforce the subpoena.  On this Tuesday, it was announced that Mr. Risen would be subpoenaed to answer questions before the trial but there is some confusion about what those questions are:

Prosecutors say they will not ask James Risen if ex-CIA man Jeffrey Sterling was his anonymous source for part of the 2006 book “State Of War” that detailed a botched CIA effort to cripple Iran’s nuclear program. However, they do want to know if the two had a prior, on-the-record source relationship.

Risen’s lawyer, Joel Kurtzberg, said at Tuesday’s hearing that he is not sure whether his client is willing to answer the questions that prosecutors want to pose.

Furthermore, defense attorneys indicated they may also have their own questions, which puts Risen at risk of being found in contempt of court if he refuses to answer. {..}

On Tuesday, though, as prosecutors detailed what they would seek from Risen, it was unclear whether Risen would agree to the limitations. And it became equally clear that Risen may have as much to fear, if not more, from defense lawyers, who would be free to cross-examine Risen and could even seek to subpoena him themselves.

Edward MacMahon, one of Sterling’s lawyers, told Brinkema that “the notion we can sanitize this by limiting (his testimony) to two or three questions is hard for us to fathom.”

He declined comment after the hearing on whether he may seek to subpoena Risen.

Prosecutor James Trump said there is much more uncertainty about the questions Risen might face from the defense than there is about what prosecutors will seek.

Democracy Now‘s Amy Goodman and Juan González spoke to Marcy Wheeler, investigative blogger who runs EmptyWheel.net and writes for ExposeFacts.org.

In Plan for Risen Subpoena, Government Raises Sixth Amendment Interests of Jeffrey Sterling

Marcy Wheeler, Expose the Facts

December 16, 2014

The government has now submitted its explanation for the limited information it will seek from James Risen in the Jeffrey Sterling trial and pre-trial hearings.

It will ask him to confirm that:

•    He has  confidentiality agreement with his source or sources on the Merlin story (though they will not ask who those sources are)
•    He authored the Merlin chapter of his book State of War, but also one article in which he explicitly and another the government claims he relied on Sterling as a source
•    He worked with Sterling for one of those earlier stories in a non-confidential relationship

[..]

The last line of the filing, however, suggests ExposeFacts may have correctly predicted their plan. The government raises the possibility Risen will refuse to answer Sterling’s questions.

It’s obvious that the DOJ is behind the eight ball and is praying that the they will not be the reason Mr. Risen ends up behind bars.

Is anyone surprised that the Obama administration is trying as hard as it can to stop the Senate CIA torture report from being released? It blatantly obvious that they do not want this report made public and are hoping that the incoming chair of the Senate Intelligence Committee, Sen. Richard Burr (R-SC), who is best buds with the intelligence community, will bury the report. The current stall is over the redaction of pseudonyms. The White House wants the aliases redacted arguing that it would expose the people they wish to protect. It is quite possible that if known, there people would face arrest and prosecution.

The fight between the White House and the Committee came to a head on Tuesday during the weekly briefing with the Senate Democrats and White House Chief of Staff and CIA Director John Brennan’s best bud, Denis McDonough:

“It was a vigorous, vigorous and open debate — one of the best and most thorough discussions I’ve been a part of while here,” said Sen. Chris Coons (D-Del.).

Sen. Jay Rockefeller (D-W.Va.), who served as intelligence committee chair before Feinstein, was furious after the meeting, and accused the administration of deliberately stalling the report.

“It’s being slow-walked to death. They’re doing everything they can not to release it,” Rockefeller told HuffPost.

“It makes a lot of people who did really bad things look really bad, which is the only way not to repeat those mistakes in the future,” he continued. “The public has to know about it. They don’t want the public to know about it.”

As negotiations continue, Rockefeller said Democrats were thinking creatively about how to resolve the dispute. “We have ideas,” he said, adding that reading the report’s executive summary into the record on the Senate floor would probably meet with only limited success. “The question would be how much you could read before they grabbed you and hauled you off.” [..]

Rockefeller said the administration’s unwillingness to use aliases reflects a broader contempt for congressional oversight.

“The White House doesn’t want to release this. They don’t have to. And all we do is oversight, and they’ve never taken our oversight seriously,” he said. (He then added that he did allow for one exception, the Church Committee.) “Under Bush there was no oversight at all. Remember the phrase, ‘Congress has been briefed’? What that meant was that I and our chairman […] and two comparable people in the House had met with [former Vice President Dick] Cheney in his office for 45 minutes and given a little whirley birdie and a couple charts.”

“They had a specialty for being unforthcoming in our efforts at oversight,” he added, “and therefore there is no incentive for them to change their behavior.”

Time is running out. It’s clear that one or more of the senators will need to take some drastic action. Sen. Mark Udall (D-CO), who was defeated in the midterm elections, has said that he is considering reading the unredacted report into the Congressional Record on the Senate floor, a move that is protected by the Constitution’s “speech or debate” clause.

It is time to release the torture report. Please sign the Act Blue petition to urge Sen. Udall to read the report into the congressional record.

Sign the petition: Enter the CIA torture report into the Congressional Record

The Senate Intelligence Committee’s “torture report” is expected to detail shocking abuse of prisoners at the hands of the CIA during the Bush administration, and even possible CIA lying to Congress.

But seven months after the Senate Intelligence Committee voted overwhelmingly to release the report to the American people, the White House is stonewalling Congress and demanding “redactions”-blacked-out sections and information-before making its contents public.

But there’s a way around that-and before the end of the year, we have a rare chance to make it happen.

Members of Congress have an absolute right to free speech, and a member could enter the report into the Congressional Record in its entirety-just as the Pentagon Papers were in 1971-without fear of prosecution.

That’s exactly what transparency advocates are calling on outgoing, staunchly anti-torture and pro-transparency Sen. Mark Udall to do.

Sign the petition to Sen. Mark Udall: If you enter the torture report into the Congressional Record, we’ll have your back.

Our Message to Sen. Mark Udall:

Before leaving office, please submit the Senate Intelligence Committee’s torture report to the Congressional Record. We know that you are considering undertaking this heroic and courageous act, and we and countless others will support you if you choose to do so.

We will deliver a copy of this petition and a list of signers to Sen. Mark Udall, Senate Intelligence Committee Chair Dianne Feinstein and President Obama to make sure our message is heard.

Bill of Rights Defense Committee

Blue America

Code Pink

CREDO

Daily Kos

Demand Progress

Digby’s Hullabaloo

Fight for the Future

Just Foreign Policy

The Nation

RH Reality Check

RootsAction.org

USaction

Win Without War

Note: When you sign our petition, your name and email address may be provided to one or more of the sponsoring organizations. You may opt out at any time.

The Obama administration has decided to arm the Kurdish militants in Kobnani to fight ISIS. What could possibly go wrong?

Isis claims it has US airdrop of weapons intended for Kurds

· Pentagon investigating claims but admits one load missing and it would be embarrassing if it ended up in terror group’s hands

· Turkey criticises arms airdrops saying the strategy will never lead to desired results

A US airdrop of arms to besieged Kurds in Kobani appears to have missed its target and ended up in the hands of Islamic State (Isis) militants.

Video footage released by Isis shows what appears to be one of its fighters for in desert scrubland with a stack of boxes attached to a parachute. The boxes are opened to show an array of weapons, some rusty, some new. A canister is broken out to reveal a hand grenade.

The Pentagon said it was investigating the claim but admitted that one of its airdrops had gone missing. If confirmed, it would be an embarrassment for the US, given the advanced technology available to its air force.

The seemingly bungled airdrop comes against a steady stream of US-supplied weapons being lost to Isis forces, mainly from the dysfunctional Iraqi army. Isis is reported to have stolen seven American M1 Abrams tanks from three Iraqi army bases in Anbar province last week.

Earlier this month, Secretary of State John Kerry said the United States would not act to prevent the Islamic State from seizing Kobani because the Syrian Kurdish town was not a “strategic objective.” But as news cameras on the Turkish-Syrian border showed Islamic State fighters assaulting a town in plain sight, the U.S.-led coalition responded with the most airstrikes of its Syria campaign. The U.S.-led coalition has also begun dropping air supplies of weapons and aid to the Syrian Kurds, a move it had resisted for weeks. Now Turkey says it will open its border with Syria to let Iraqi Kurdish fighters join the fight. The Turkish government had opposed aiding the Syrian Kurds in Kobani because of their links to Turkey’s longtime foe, the Kurdistan Workers’ Party, the PKK. To help us sort out this complicated picture, we are joined by longtime international law professor and former United Nations Special Rapporteur Richard Falk, who has just returned from four months in Turkey.

First it was Al Qaeda, then it was ISIS (or Is, or ISIL, whatever), now a new “monster under the bed” has been marched out as the latest excuse to bomb another Muslim country, number seven for President Barack Obama, who has managed to surpass any of his predecessors. So who and what is “Khorasan”? Are we now suppose to believe a proven liar, James Clapper, that this group is such a threat to US national security that it’s necessary to violate Syria’s sovereignty, further enabling terrorist groups to attract members? All of a sudden this group is an imminent threat when as recently as Monday weren’t even on the radar.

Marcy Wheeler isn’t biting into this either:

It appears the legal logic behind the attack (besides the fact that Congress hurriedly approved funding for war through December so it could get back to the campaign trail) is that in addition to striking ISIS in Syria (an attack we don’t have any reasonable  legal justification for) we are also attacking a group that James “Too Cute by Half” Clapper just rolled out, “Khorasan,” which unlike ISIS has not been kicked out of Al Qaeda and therefore might be targetable under the 2001 AUMF. [..]

Today’s continuation of that narrative appears in CNN (and ABC, which I won’t link to because of their infernal auto-play ads), which doesn’t ask how the US hoped to surprise Khorasan if they had just rolled them out as the big new boogeymen. [..]

The threat of Ibrahim al-Asiri – who with one bomb that could not have worked and several more claimed attacks identified by double agents in Saudi employ not only created the excuse for millions of dollars in TSA scanner profits, but also the ability to label Yemen an “imminent” threat and therefore bomb it – has moved to Syria.

Label the country an “imminent” threat. Then bomb.

In Obama’s statement, he emphasized the Khorasan tie.

She’s not the only one questioning the latest excuse to start another war:

If Khorasan group was truly an imminent threat, why would the US delay bombing them just so they could bomb ISIS simultaneously?

— Micah Zenko (@MicahZenko) September 23, 2014

Are people asking why a group calling itself "khurasan" is basing itself in Syria? Or is this just a USG name for a cell?

— GregorydJohnsen (@gregorydjohnsen) September 23, 2014

So far the only source for any information about this new group comes from two people, who as Marcy says, “have a somewhat strained relationship with the truth and a very cozy relationship with disinformation,” Clapper and Mike Rogers (R-MI), chairman of the House Permanent Select Committee on Intelligence.

This latest US military intervention has gone from a humanitarian rescue, to assisting the Iraq army fighting ISIS to bombing another sovereign nation under the guise of “national security” in a mere 6 weeks. While there is no dispute that ISIS and Kordasan are terrorist groups and some very bad people, but this has the whiff of being just another excuse to overthrow Syrian President Bashir Assad.  

• US and allies have deployed jets and missiles against militants
• Isis stronghold of Raqqa is among targets, says US official
• ‘Dozens’ of fighters are killed, says monitoring group
• Bahrain, Qatar, Saudi Arabia, UAE and Jordan involved

The United States stepped up its war against the Islamic State militant group, launching air strikes on targets in Syria for the first time.

The Pentagon press secretary, rear admiral John Kirby, confirmed that the US and allied nations sent fighter jets, bomber aircraft and Tomahawk missiles in an operation against Isis that he described as “ongoing”.

A US official, speaking on condition of anonymity, indicated that Raqqa, a Syrian stronghold of Isis, was among the targets of the operation, which began in the early hours of Tuesday morning local time.

The first wave of strikes finished about 90 minutes later at around 10pm EDT (2am GMT), but the operation was expected to continue for several more hours. [..]

The US was joined in the Syria operation by Bahrain, Qatar, Saudi Arabia, Jordan and the United Arab Emirates, an official said.

The strikes were carried out by manned air force and navy aircraft, while the Tomahawk missiles were launched from US ships in the northern Persian Gulf and the Red Sea. The aircraft carrier USS George HW Bush is in the Gulf.

Kirby said the strikes were ordered by army general Lloyd Austin, the commander of US forces in the Middle East and South Asia “under authorisation granted to him by the commander in chief”. [..]

Syria’s foreign ministry says the US informed Damascus’ envoy to the United Nations before launching the raids.

As Doc Maddow would say, “watch this space.”

MSNBC’s Lawrence O’Donnell, host of “The Last Word.” spoke with several MSNBC contributors and observors.

While Congress is holding hearings on whether or not President Barack Obama’s current plan to contain ISIS and assist so-called moderates of the rebel Syrian army, the CIA expressed its doubts on what the agency most likely perceives as an encroachment on their not so covert operations to train these un-vetted rebels that has been going on for a year in Jordan. That was reported earlier this week by Huffington Post‘s Ryan Grim and Sam Stein:

One Democratic member of Congress said that the CIA has made it clear that it doubts the possibility that the administration’s strategy could succeed.

“I have heard it expressed, outside of classified contexts, that what you heard from your intelligence sources is correct, because the CIA regards the effort as doomed to failure,” the congressman said in an email. “Specifically (again without referring to classified information), the CIA thinks that it is impossible to train and equip a force of pro-Western Syrian nationals that can fight and defeat Assad, al-Nusra and ISIS, regardless of whatever air support that force may receive.”

He added that, as the CIA sees it, the ramped-up backing of rebels is an expansion of a strategy that is already not working. “The CIA also believes that its previous assignment to accomplish this was basically a fool’s errand, and they are well aware of the fact that many of the arms that they provided ended up in the wrong hands,” the congressman said, echoing intelligence sources.

Probably for all the wrong reasons, the CIA is right. President Obama’s plan is not just doomed to failure but may well make matters worse.

In an interview with MSNBC’s Ann Cury, Iranian President Hassan Rouhani expressed his doubts about the strategy and condemned ISIS

“Are Americans afraid of giving casualties on the ground in Iraq? Are they afraid of their soldiers being killed in the fight they claim is against terrorism?” Rouhani said.

“If they want to use planes and if they want to use unmanned planes so that nobody is injured from the Americans, is it really possible to fight terrorism without any hardship, without any sacrifice? Is it possible to reach a big goal without that? In all regional and international issues, the victorious one is the one who is ready to do sacrifice.

“Maybe it is necessary for airstrikes in some conditions and some circumstances,” he added. “However, air strikes should take place with the permission of the people of that country and the government of that country.”  [..]

Asked about the extremists’ beheading of American James Foley and Steven Sotloff and Briton David Haines, Rouhani said ISIS’ actions are at odds with Islamic tenets.

“They want to kill humanity,” he said. “And from the viewpoint of the Islamic tenets and culture, killing an innocent people equals the killing of the whole humanity. And therefore, the killing and beheading of innocent people in fact is a matter of shame for them and it’s the matter of concern and sorrow for all the human and all the mankind.”

But he also took issue with the American-led coalition, saying members include nations that helped ISIS with weapons and training.

At emptywheel, Jim White, noticed what the MSNBC article failed to mention

Rouhani told the NBC that the US-led coalition against the ISIL group was not a serious movement and added that US had been present in the region since 2001 to fight terrorism in Iraq and Afghanistan but it not only did not solved the terrorism problem but exacerbated the crisis.

Iraq’s new Prime Minister Haider al-Abadi has emphatically stated that foreign ground troops are not needed or wanted

Al-Abadi praised the U.S. aerial campaign targeting the militants who have overrun much of northern and western Iraq and carved out a proto-state spanning the Syria-Iraq border, saying it has helped efforts to roll back the Sunni extremists.

But he stressed that he sees no need for the U.S. or other nations to send troops into Iraq to help fight the Islamic State.

“Not only is it not necessary,” he said, “We don’t want them. We won’t allow them. Full stop.” [..]

The comments provided a sharp rebuttal to remarks a day earlier by the chairman of the U.S. Joint Chiefs of Staff, Gen. Martin Dempsey, who told the Senate Armed Services Committee that American ground troops may be needed to battle Islamic State forces in the Middle East if President Barack Obama’s current strategy fails.

And the insanity will continue

News that journalist James Foley was waterboarded before he was brutally beheaded by his ISIS captors should come as no surprise. It is past time that the United States come clean on its war crimes and release the entire 6300 page congressional report, unredacted and let the chips fall where they may.

What Charlie Pierce said:

Please, somebody, goddammit, just leak the damn report. All of it, CIA concerns be damned. Because now not only do we have a moral right and a moral duty to know everything that was done in our name, but we also have a national interest in determining to what extent the behavior of our government differed from the behavior of ISIS, besides the fact that (as far as we know) none of our captives were beheaded. That’s a pretty low bar for an evolved democracy, but there it is. I no longer care about phantom “national security” concerns. Fk the torturers and fk their enablers in Congress, and fk all redactors, and fk the pet lawyers and bureaucrats that made torture legal and acceptable. Let what’s going to happen to them happen. Let justice be done though the heavens fall and John Yoo loses his job. They opened the door to this, with their memos and their barely stifled giggles. They grafted sadism onto the Constitution. They taught ISIS its techniques. James Foley, a fellow Warrior, god rest his brave soul, was tortured before he was murdered using techniques that barbarians learned from the oh-so-civilized heroes of our National Security state. This is what we teach the world now. Are you guys proud? Does your heart swell in the faculty lounges and in the cozy think-tanks? Does it swell with pride at the impact you’ve had on the world?

How do you like your blue-eyed boy now, Mr. Death?

They had to be carefully taught.  

When the Senate Select Committee on Intelligence (SSCI) agreed to declassify and release the executive summary of the 6,000 page investigation into the CIA’s use of torture last April, it also agreed to allow the White House to review the 480 page document for review. The White House announced that the CIA would take the lead in that review, virtually leaving the decision on what if any incriminating evidence that they tortured in the hands of the accused.

The writers at Techdirt have been joking about the “buckets of black ink” that would be “dumped” on the report. After weeks of waiting, no one should be surprised that the heavily redacted document that was returned to the SSCI on August 1 was barely coherent.

Late Friday, Senator Dianne Feinstein announced that the White House had returned the executive summary, but she’s a bit overwhelmed by all the black ink and is holding off releasing the document until her staff can look into why there were so many redactions:

   “The committee this afternoon received the redacted executive summary of our study on the CIA detention and interrogation program.

   A preliminary review of the report indicates there have been significant redactions. We need additional time to understand the basis for these redactions and determine their justification.

   Therefore the report will be held until further notice and released when that process is completed.”

Director of National Intelligence James Clapper responded that Sen. Feinstein’s complaint was unfounded stating that there were “minimal redactions,”  claiming that 85% of the document was not blacked out. Techdirt‘s Mike Masnick thinks Clapper may have been counting the margins

Of course, as Marcy Wheeler has pointed out, this is just about the executive summary of the report — which was specifically written to be published. In other words, the really “secret” stuff is in the rest of the report, but the 408 page exec summary was written with public disclosure in mind — meaning that the Senate Intelligence Committee staffers certainly wrote it with the expectation that it would need few, if any, redactions. So the fact that large chunks of it were redacted immediately set off some alarms.

SSCI Chairperson Sen. Feinstein (D-CA) released this statement:

After further review of the redacted version of the executive summary, I have concluded that certain redactions eliminate or obscure key facts that support the report’s findings and conclusions. Until these redactions are addressed to the committee’s satisfaction, the report will not be made public.

I am sending a letter today to the president laying out a series of changes to the redactions that we believe are necessary prior to public release. The White House and the intelligence community have committed to working through these changes in good faith. This process will take some time, and the report will not be released until I am satisfied that all redactions are appropriate.

The bottom line is that the United States must never again make the mistakes documented in this report. I believe the best way to accomplish that is to make public our thorough documentary history of the CIA’s program. That is why I believe taking our time and getting it right is so important, and I will not rush this process.

Sen. Carl Levin (D-MI), a member of the SSCI, also released a statement condemning the redactions as nothing more that a cover up of “embarrassing information:”

The redactions that CIA has proposed to the Intelligence Committee’s report on CIA interrogations are totally unacceptable. Classification should be used to protect sources and methods or the disclosure of information which could compromise national security, not to avoid disclosure of improper acts or embarrassing information. But in reviewing the CIA-proposed redactions, I saw multiple instances where CIA proposes to redact information that has already been publicly disclosed in the Senate Armed Services Committee report on detainee abuse that was reviewed by the administration and authorized for release in 2009. The White House needs to take hold of this process and ensure that all information that should be declassified is declassified.

Another committee member, Sen Mark Udall (D-C)) thought it was very clear that Director Clapper’s intentions were to distort the record

While Director Clapper may be technically correct that the document has been 85 percent declassified, it is also true that strategically placed redactions can make a narrative incomprehensible and can certainly make it more difficult to understand the basis for the findings and conclusions reached in the report. I agree wholeheartedly that redactions are necessary to protect intelligence sources and methods, but the White House must work closely with this committee to reach this goal in a way that makes it possible for the public to understand what happened.

According to a report in McClatchy, the summary carefully used pseudonyms of covert CIA agents and foreign countries that was much of what was blacked out:

Tom Mentzer, a spokesman for the committee’s chairwoman, Sen. Dianne Feinstein, D-Calif., told McClatchy on Monday that the blackouts _ officially known as redactions _ were made to pseudonyms used for both covert CIA officers and foreign countries.

“No covert CIA personnel or foreign countries are named in the report,” he said. “Only pseudonyms were used, precisely to protect this kind of information. Those pseudonyms were redacted (by the administration).”

All of the pseudonyms were excised from the version of the executive summary that the White House returned to the committee on Friday, a person familiar with the issue said.

Lawmakers seem willing to accept some redactions, but others made by the CIA and the White House would make it difficult or impossible to understand the subject being discussed, especially when a pseudonym appears in multiple references, said the knowledgeable person, who requested anonymity because of the matter’s sensitivity.

The Intercept‘s Jeremy Scahill joined MSNBC’s Alex Wagner on “NOW” to discuss the dispute over the redacted report

The CIA tortured and the US government approved it and still continues some forms of torture It is now actively engaged in the continued refusal to prosecute the crimes and still trying to make it sound like it was just a “mistake.” Waterboarding someone 183 times is not a mistake, it is a crime, a war crime. No amount of “awe shucks” statements by President Barack Obama that “we tortured some folks” or calling the perpetrators “patriots” will excuse the fact that they broke the law.

The Senate Select Committee on Intelligence should just release the executive report. The Justice Department should do its due diligence and prosecute the tortures and those who authorized it. Director Clapper and CIA Director John Brennan should be fired and prosecuted for lying to the Senate and their roles in the torture program. Pres. Obama should uphold his oath of office or be impeached.

Cross posted from The Stars Hollow Gazette

Here is message to the Obama administration, as well as, past and present high ranking members of the CIA from David Cole, constitutional law, national security, and criminal justice professor at George Washington University, in his op-ed at the Washington Post:

Torture us not a public relations problem. It is a grave human rights abuse and a war crime.

Yet, once again the Obama administration has enable the torturers to manipulate the narrative to cover up their crimes.

Back in April, the Senate Select Committee on Intelligence voted to declassify part of its 6300 page report that concluded torture to be an ineffective intelligence-gathering technique and the CIA lied about its value. The committee also agreed to allow the White House to review the document with the CIA’s participating in approving what would be released to the public. Talk about a serious conflict of interest. This is tantamount to allowing an accused murderer to decide what evidence will be presented to the jury at his trial.

Up until Friday, a dozen ex-CIA officials were going to be allowed to review the report in a secure room at an undisclosed Washington suburb after signing a secrecy agreement. That now will not happened.

Then, on Friday, CIA officials called them and told them that due to a miscommunication, only former CIA directors and deputy directors would be given that privilege. Former directors Michael Hayden, Porter Goss and George Tenet have been invited to read it, as have former acting directors John McLaughlin and Michael Morell.

Senate aides familiar with the matter say Democratic Senator Dianne Feinstein, chair of the Senate intelligence committee, protested to the White House that it had no business allowing retired officials to read a Senate oversight report.

Apparently, the report is quite damning:

Several people who have read the full report, and who spoke on condition of anonymity because they were not authorised to discuss still-classified material, say it shows that the CIA interrogation programme was far more brutal than previously understood, and that CIA officials repeatedly misled Congress and the Justice Department about what was being done to al-Qaida detainees. The report asserts that no unique, life-saving intelligence was gleaned from the harsh techniques.

It’s long been known that the CIA used slapping, stress positions, sleep deprivation and other harsh tactics on several detainees and a near-drowning technique known as waterboarding on three of them. The CIA’s use of waterboarding has drawn particular scrutiny since it is considered the harshest technique on the list of those used, but the report asserts that the other tactics, as applied, were extremely harsh and brutal.

Torture is illegal under US law. CIA officials dispute that waterboarding amounted to torture.

To counter the negative press this report is bound to receive, former CIA Director George J. Tenet has quietly been working on a public relations response:

Over the past several months, Mr. Tenet has quietly engineered a counterattack against the Senate committee’s voluminous report, which could become public next month. The effort to discredit the report has set up a three-way showdown among former C.I.A. officials who believe history has been distorted, a White House carefully managing the process and politics of declassifying the document, and Senate Democrats convinced that the Obama administration is trying to protect the C.I.A. at all costs.

The report is expected to accuse a number of former C.I.A. officials of misleading Congress and the White House about the program and its effectiveness, but it is Mr. Tenet who might have the most at stake.

The detention and interrogation program was conceived on his watch and run by men and women he had put in senior positions.

It was Mr. Tenet who requested the former CIA Directors and officials be allowed to review the report.

There is also some frustration coming from Democratic committee members:

“If the redacted version of the Senate Intelligence Committee’s study that we receive appears to be an effort to obscure its narrative and findings – and if the White House is not amenable to working toward a set of mutually agreed-upon redactions – I believe the committee must seriously consider its other option,” Senator Mark Udall, a Colorado Democrat on the intelligence committee, told the Guardian on Monday.

It is believed that the White House will provide its completed redactions to sections of the Senate intelligence committee’s landmark torture report in the coming days. The committee will subsequently review the redactions as preparation for the report’s public release, something chairwoman Dianne Feinstein of California, a Democrat, had wanted to happen in early May. [..]

Fuelling congressional suspicions, the White House placed lead authority for reviewing the declassification in the hands of the CIA, which struck critics as a conflict of interest.

Udall joins Ron Wyden, the Oregon Democrat and civil libertarian on the committee with whom Udall often votes, in pointing to the parliamentary rule, Senate Resolution 400, as an additional tactic to force disclosure. Yet the never-before-used rule portends an uphill struggle: a majority of senators would need to vote for additional disclosure.

Author and investigative reporter for The Intercept, Jeremy Scahill and New York Times reporter, Mike Marzetti, joined MSNBC’s “NOW” host, Alex Wagner to discuss the release of the report and recent events,

One more word from Prof. Cole:

The CIA’s response is about 10 years too late. The time to respond to allegations of torture, cruelty and disappearances is when they occur, not a decade later, when an official report finds fault. And when you learn such conduct is occurring, there is only one proper response – order it to stop and hold the perpetrators accountable. Both the Geneva and the torture conventions absolutely prohibit torture and cruel treatment of wartime detainees; the world has proclaimed through these laws that there are no circumstances that justify such acts. [..]

So what will the public relations strategy look like now? We can probably make some educated guesses, based on past assertions by Bush administration officials. “We didn’t think it was torture because the lawyers told us it wasn’t.” That defense doesn’t work for Mafia dons and ought not to work for the CIA. The practices involved – waterboarding, excruciating stress positions, slamming suspects into walls and prolonged sleep deprivation – plainly qualify as torture and have long been treated as such by the United States when other nations employ them. Just last week, the European Court of Human Rights held Poland responsible for complicity in the CIA’s crimes, finding that the conduct was so clearly illegal that Poland had an obligation to stop permitting it on its territory.

Poland, in other words, was an accessory to the crime. But the United States was the ringleader.

Let’s be clear here, the Obama administration, while it may have stopped torture, is now complicit in covering up the Bush administrations war crimes and allowing the criminals, who should be sitting in prison cells, to continue the cover-up in the hopes that someday it will all go away. No amount of spin will negate these facts.

Cross posted from The Stars Hollow Gazette

The legacy of torture that the United States has left in Iraq and Afghanistan is appalling. Not only has the US failed to investigate or prosecute any of its own torturers, it is now giving safe haven to Afghanistan’s torturer in chief.

In Afghanistan, his presence was enough to cause prisoners to tremble. Hundreds in his organization’s custody were beaten, shocked with electrical currents or subjected to other abuses documented in human rights reports. Some allegedly disappeared.

And then Haji Gulalai disappeared as well.

Today, Gulalai lives in a pink two-story house in Southern California, on a street of stucco homes on the outskirts of Los Angeles.

How he managed to land in the United States remains murky. Afghan officials and former Gulalai colleagues said that his U.S. connections – and mounting concern about his safety – account for his extraordinary accommodation.

But CIA officials said the agency played no role in bringing Gulalai into the country. Officials at the State Department and the Department of Homeland Security would not comment on his relocation or immigration status, citing privacy restrictions. Gulalai and members of his family declined repeated inquiries from The Washington Post. [..]

Applicants are screened against databases for criminal convictions or terrorist ties. But experts said those records are unlikely to reveal allegations of human rights abuses, particularly when the alleged abuser was operating under government authority and was not arrested or publicly accused. Prospects of detection may have been further complicated by the fact that Gulalai used only his (Kamal) Achakzai name once in the United States.

There is at least one indication, however, that U.S. authorities were able to connect the asylum seeker to his NDS résumé.

At a hearing before an immigration judge in Los Angeles several years ago, Gulalai defended his asylum claim by presenting photos of the Kabul bombing and other evidence of the danger he faced in Afghanistan, said (Bashir) Wasifi, who accompanied his friend to help interpret.

A U.S. attorney challenging the claim asked repeatedly whether the man now calling himself Achakzai was ever known by another name. After getting only looks of bewilderment, Wasifi said, the attorney changed his question: “Then who is Gulalai?”

Gulalai chuckled and replied that it was just a nickname bestowed by his family, and apologized for the slip, Wasifi said. He emerged from the hearing with his immigration status intact. [..]

Wasifi said Gulalai secured permanent resident status in the United States last year and is moving toward citizenship. The allegations against him, Wasifi said, should not stand in his way.

“I blame the U.S. for this,” Wasifi said. “If he was doing wrong to society, it is a shame for you. You appointed him to this position. NDS (National Directorate of Security) did not exist before. You created it. If you occupy a country, you are responsible.”

He was just doing what the US paid him to do, being a good soldier.

As Marcy Wheeler says, torture for the US and retire with impunity just don’t try to expose the war crimes:

Torturing on behalf of the United States appears to be a career move that results in a comfortable lifestyle after moving on from government service. Jose Rodriguez, who both ordered up torture and then personally destroyed video evidence of it, now profits from those events through book sales. James Mitchell, who was integral to the design of the torture program, now lives quietly in Land O’Lakes, Florida and until very recently didn’t even have to bother talking with reporters, let alone crime investigators. Of course, if you choose to expose US torture, it’s prison for you, as John Kiriakou has demonstrated.

But the disgusting free status of Rogdriguez and Mitchell pales in comparison to the level of depravity in the known history of personal involvement in torture for Haji Gulalai and how it was revealed yesterday that Gulalai is now living a quiet, comfortable life just outside Los Angeles. [Just as a bit of life advice, never piss off Julie Tate, as her work in finding Gulalai is perhaps the best bit of investigative journalism in the US in decades.] [..]

Standing out especially among the disgusting aspects of Gulalai’s case is the mystery surrounding how he was able to enter the US and then be granted asylum. Rank and file interpreters who worked for the US military in Afghanistan (and Iraq) face incredible difficulty getting into the US, even when they can present evidence that they face extreme danger staying behind: [..]

But here is an even bigger outrage in the process surrounding Gulalai, again from the excellent report from Greg Miller, Julie Tate and Joshua Partlow:

   Gulalai has made several return trips to Afghanistan in recent months to sell property there, family members and associates said. If true, the visits could undermine the argument that Afghanistan had become too dangerous for him, potentially complicating his asylum claim.

And what Charles Pierce said:

(O)f course, if there is any attempt to haul this sociopath off to The Hague, there will be several earnest columns written about how unfair it is because of what “we” asked him to do, and about abandoning allies, and so on. We are all complicit accessories before and after the fact. C-Plus Augustus made us that way.

And thank you, Barack Obama.

Cross posted from The Stars Hollow Gazette

The Senate Intelligence Committee voted on Thursday. by 11 – 3, to declassify portions of a study into the Central Intelligence Agency’s use of torture on detainees suspected of being involved in terrorism.

CIA officers subjected some terrorism suspects the agency held after the Sept. 11 attacks to interrogation methods that were not approved by either the Justice Department or their own headquarters and illegally detained 26 of the 119 in CIA custody, the Senate Intelligence Committee has concluded in its still-secret report, McClatchy has learned.

The spy agency program’s reliance on brutal techniques _ much more abusive than previously known _ and its failure to gather valuable information from the detainees harmed the U.S.’s credibility, according to the committee’s findings in its scathing 6,300-page report on the CIA’s interrogation and detention program.

The agency also repeatedly misled the Justice Department while stymieing Congress’ and the White House’s efforts to oversee the secret and now-defunct program, McClatchy has learned.

In all, the committee came to 20 conclusions about the CIA’s harsh interrogation tactics after spending six years and $40 million evaluating the controversial program, which began during the Bush administration. [..]

The finding that 26 detainees were held without legal authorization and the confirmation that the CIA in some cases went beyond the techniques approved by the Justice Department might fuel legal challenges.

The committee may have approved the partial release but have deferred to the president to decide just what will be made public and when.

It’s unclear, however, precisely how the declassification process will unfold. The White House could directly oversee what should be released, given the tensions between the committee and the CIA over the report. Or the White House could cede even more control to the CIA, which could mean more details will be kept under wraps. [..]

Caitlin Hayden, a spokeswoman for the White House National Security Council, said the administration’s position “remains that the executive summary and the findings and conclusions of the final RDI (Rendition Detention and Interrogation) report should be declassified, with any appropriate redactions necessary to protect national security.”

She said she wouldn’t speculate on a timeframe for declassifying something the White House hasn’t yet received. Some expect the process to take months. [..]

Last week, Brennan indicated the agency’s direct involvement, saying that the “CIA will carry out the review expeditiously” once the committee sends it to the executive branch. [..]

The White House has been more involved than publicly acknowledged, however. For five years, the White House has been withholding more than 9,000 top-secret documents sought by the committee for its investigation, even though Obama hasn’t exercised a claim of executive privilege, McClatchy has reported.

Let’s be very clear what this is report reveals and some of the facts.

These are not state secrets. The report is an extensive investigation into the illegal activities of the CIA post 9/11. These are crimes against the state and humanity that the current Justice Department has refused to prosecute. Torture is a war crime.

The Senate does not need the President of the United States to make them public.

These are the facts about the CIA’s torture program and the executive branch cover up that has done more to disgrace this country and undermine the credibility, integrity, the laws and Constitution. Do no forget that as the Senate and the President continue this macabre dance to cover up these crimes.  

While I agree with Marcy Wheeler and others that those who voted to release that portion of the report deserves credit and is a step in the right direction,I will be greatly surprised if any part of the 6300 pages sees the light of day. Nor will any of those who authorized, justified, ordered or committed the crimes of torturing countless prisoners ever be brought to justice. The days of courageous acts like Senator Mike Gravel are long gone. The cover up will continue. That will be one of the blackest marks on the country, ever.