Showing posts with label CIA. Show all posts
Showing posts with label CIA. Show all posts

Louisville Courier-Journal : Obama’s breezy words for post-9/11 torture

Wednesday, August 06, 2014

Obama’s breezy words for post-9/11 torture

By Leonard Pitts | August 6, 2014

“…but we tortured some folks.”

— President Barack Obama, Aug.1, 2014

OK, in the first place: “tortured some folks?” Really?

Was there not something annoyingly breezy in the president’s phrasing last week as he acknowledged the abuse of suspected terrorists in the wake of Sept. 11? Was there not something off-putting in the folksy familiarity of it?

“We tortured some folks.”

What’s next? “He raped a chick?” “They stabbed a dude?”

Granted, it’s a relatively minor point. But to whatever degree phrasing is a window into mindset, the president’s phrasing was jarring. It is, however, what he said next that we are gathered here to discuss.

Obama, speaking to reporters Friday, invoked the atmosphere after Sept. 11 to explain why the CIA, ahem, tortured some folks. He reminded us that we were all terrified more attacks were imminent and our national security people were under great pressure to prevent them. So while what they did was wrong, said Obama, “It’s important for us not to feel too sanctimonious in retrospect about the tough job that those folks had.”

In other words, we were all scared spitless, so it’s … understandable if not precisely condonable, that the CIA behaved in ways that betrayed our national values. But the president is wrong.

In fairness to him, though, let’s stipulate a few things:

One: Obama has never wavered in calling the torture of suspected terrorists precisely what it was, nor in defining it as a betrayal of what America is supposed to stand for. He did so again last week. “We did some things that were contrary to our values,” he said.

Two: Those things did not happen on Obama’s watch. It was George W. Bush’s administration that rationalized and justified the use of so-called “enhanced interrogation.” Bush made this mess. Obama is just the guy with the push broom.

Three: Obama was trying to walk a political tightrope that was probably unwalkable. Anticipating declassification of a Senate report that is said to cast a harsh light on these tactics, he sought to signal disapproval of what the CIA did, yet not throw its personnel — who now, after all, work for him — under the proverbial bus. That wouldn’t be great for morale.

All that said, it was disappointing to hear the president invoke the frenzy of that era as a mitigating factor. By that logic, you could justify the internment of Japanese Americans in 1942, the McCarthy witch hunt of the 1950s, or dozens of other sins against freedom strewn like scars across the face of American history. All were born of the same broken rationale: We were scared, so we did things we should not have done.

The thinking seems to be that sometimes fear makes our values too heavy to uphold. Actually, it is our capacity for fear that makes them more critical to uphold. And it is disingenuous to pretend the hysteria of the 9/11 era was such that anyone might have done the same thing.

Not only is that not true, but it also insults the moral courage of people like Sen. John McCain and Obama himself who did stand up and say, emphatically and at political risk, that this was unworthy of us. So it’s not that it was impossible to speak reason, but that the torturers refused to hear it.

They followed orders instead.

The president opposes the idea of prosecuting them for that and he’s right. That would cast a pall over American intelligence gathering for generations forward.

But there is a lesson here that urgently needs learning, an accounting that ought not be ignored. With the best of intentions and the approval of a morally blinkered White House, the CIA vandalized American honor and all involved must be called on it. That isn’t sanctimony.

It’s patriotism.

Write to Pitts at lpitts@miamiherald.com.

PRNewsWire : National Geographic Channel Presents Never-Before-Heard Revelations from U.S. Authorities on Plot to Blow Up Almost 10 Passenger Jets

Tuesday, August 16, 2011

National Geographic Channel Presents Never-Before-Heard Revelations from U.S. Authorities on Plot to Blow Up Almost 10 Passenger Jets

The Liquid Bomb Plot Presents Exclusive Interviews With CIA and Homeland Security Agents on the Chilling and Tense Global Surveillance Operation That Uncovered a Plot to Kill More Than 2,000 People

August 16, 2011

The Liquid Bomb Plot Premieres This Sunday, August 21, 2011, at 9 P.M. EDT/PDT on National Geographic Channel

WASHINGTON, Aug. 16, 2011 /PRNewswire-USNewswire/ -- In the summer of 2006, as many as 18 conspirators planned to simultaneously blow up almost 10 airplanes by bringing hydrogen peroxide-injected soda-bottles-turned-bombs onto flights bound from London to the U.S. and Canada. Now, National Geographic Channel (NGC) — with unprecedented access to undercover agents and top officials from the CIA, Homeland Security and British Counter-Terror Command — goes inside the true story behind the largest and most sophisticated terrorism plot since September 11, 2001, which changed airline security measures around the world.

The Liquid Bomb Plot details how a threat that began as a British counterterrorist investigation evolved into a global emergency. In the U.S., President Bush's administration, the CIA and the Department of Homeland Security worked feverishly to protect America from an attack on the scale of 9/11.

With remarkable access to the highest-level officials involved in foiling the terrorists — some of whom have given NGC their only interview on the plot — the complete details behind the operation are revealed. Interviews include, from the U.S., General Michael Hayden, former director, CIA; Michael Chertoff, former secretary, Department of Homeland Security; Robert Grenier, former Islamabad station chief, CIA; Kip Hawley, former director, Transportation Security Administration; and Charlie Allen, chief intelligence officer, Department of Homeland Security. Top U.K. interviews include Lord John Reid, former home secretary and former defense secretary, Britain; Andy Hayman, former assistant commissioner for specialist operations, Metropolitan Police; and Peter Clarke, OBE, former national co-coordinator of terrorist investigations, Metropolitan Police.

Now, for the first time, U.S. officials recount how they essentially forced the hand of the British to arrest the suspected terrorists ahead of schedule by making a secret trip to Pakistan. General Michael Hayden was working closely with the British government on Operation Overt, the largest surveillance operation in U.K history, with more than 200 agents involved in surveillance alone, not to mention the senior officials on both sides of the pond monitoring the situation.

General Hayden discusses on camera for the only time how he visited Pakistan and met with the head of the Pakistan Intelligence Agency without alerting the British, who had requested more time to gather evidence. During Hayden's trip, Rashid Rauf, the key Al Qaeda operative in the plot, was arrested by the Pakistani authorities, thus compelling the British to move into the "arrest phase" ahead of plan before those involved found out they might be compromised.

"The British had always suspected the Americans were behind Rauf's arrest, but this is the first and only time a senior U.S. figure has discussed the arrest publicly," explains Executive Producer Louise Norman, who worked for more than a year to gain access to the true details behind the terror plot from both the U.S. and British governments. "The Liquid Bomb Plot is by far the most comprehensive, detailed report on how this incredible terror plot was foiled. I thought I knew the full story, but what happened behind the scenes has never been fully reported until now."

The resulting arrests led to 11 terrorism-related convictions and a mountain of evidence, including 26,000 exhibits from 102 property searches, 80 seized computers and related devices, and 15,000 CDs, 500 disks and 14,000 gigs of data.

The arrests also made news around the world and changed air travel in the most substantial way since 9/11—including passengers not being allowed to go through airport security with more than 3.4 ounces of liquid.

For more information, visit www.natgeotv.com.

SOURCE National Geographic Channel

National Geographic : Pakistan Undercover * Facts

Tuesday, August 16, 2011

Pakistan Undercover * Facts

Next Prime Time Airing Mon Aug 22

Founded in 1947, the Central Intelligence Agency remains one of America's strongest defenses against terror and foreign threats. The attacks of September 11 focused the CIA on finding the persons responsible and preventing other attacks on the nation. Learn more about the origins of the CIA and how its operations today have helped protect us:

* The Office of Strategic Services (OSS) was the precursor to the CIA, formed during World War II.

* The colloquial term “agent” for members of the CIA conducting clandestine operations is a misnomer; the actual term is CIA Officer. Agents are foreign nationals who are recruited by an officer and are traitors to their own countries.

* The CIA headquarters are located in an area of Virginia that was once called Langley. Although this area was renamed McLean in 1910, the neighborhood surrounding the CIA is still referred to as Langley. Initial construction on the headquarters began in 1959 and was completed in 1961.

* The Security Service, frequently referred to as MI5 (Military Intelligence section 5), is the UK's intelligence agency. Established in 1909, it underwent four name changes before becoming the Security Service in 1931.

* Human Intelligence or “humint” is a critical component of espionage, in which information is gathered and provided by human sources.

* The function of Pakistan's Inter-Services Intelligence Directorate, or ISI, has been likened to that of the CIA. It was formed in the early days of Pakistan's independence in 1948. There is evidence that ISI operatives have ties with militant networks working against Western interests. Some ISI members were allegedly involved in the planning of the 2008 Indian Embassy bombing in Kabul, a claim that Pakistan denies.

* The August 6, 2001, President’s Daily Brief entitled “Bin Ladin Determined to Strike in US,” provides a substantive warning of threats posed by Osama Bin Laden and Al-Qaeda a month before the attacks on 9/11. A redacted copy of the brief was made public on April 10, 2004. With the help of computer software programs, cryptographers at a conference in Switzerland suggested it was highly probable that the word ‘Egyptian’ was redacted in the following sentence: “An Egyptian Islamic Jihad (EIJ) operative told an [redacted] service at the same time that Bin Ladin was planning to exploit the operative's access to the US to mount a terrorist strike.”

* Rashid Rauf was reportedly killed in a UAV strike in 2008. However, British Intelligence sources question whether Rauf is really dead. Some sources insist that he was involved in the Easter Manchester bomb plot of April 2009.

* Waterboarding is not a new interrogation technique. In fact, the method was used as early as the Spanish Inquisition.

* Abu Zubaydah still remains in U.S. custody at Guantanamo Bay, Cuba. To date, no formal charges have been brought against him.

* The CIA has a history of interesting but failed projects. One such endeavor involved psychics who attempted “remote viewing” of covert foreign military facilities. Another operation, “Acoustic Kitty,” hoped to develop a mobile listening technique by implanting trained cats with microphones. The first such cat was released and promptly run over by a taxicab.

* The technique known as “dead drop” allows two parties to transfer goods or information without meeting in person. Former CIA officer Aldrich Ames used the method to interact with the Russian foreign intelligence agency. He made specific chalk marks on a mailbox on 37th and R St. NW. in Washington D.C., to arrange a meeting.

* A false flag operation is an intentional effort to mislead either the public or a detainee. In one account of Zubaydah's interrogation, CIA officers allegedly tricked him into thinking he had been turned over to the Saudi Arabian government.

* Some of the CIA gadgetry that exists in the movies has a real life counterpart. In 2000, the CIA built a swimming robot catfish named "Charlie." Other gadgets of interest include a remote-controlled dragonfly and pigeons fitted with cameras.

* The “liquid bomb plot” that was thwarted in August 2006 exposed a lack of readiness and detection capability for that type of explosive and ushered in a new set of security restrictions for traveling with liquids.

Views and News from Norway : Terror cell probe hits crucial phase

Monday, February 07, 2011

Terror cell probe hits crucial phase

February 7, 2011

An international probe of a terrorism case connecting Norway with the UK and the US is coming to a head, with authorities keen to gain access to US evidence related to an alleged Norwegian terror cell.

Newspaper Aftenposten reports that the Norwegian police intelligence service (Politiets sikkerhetstjeneste, PST) has requested information from the US’ Central Intelligence Agency (CIA) that they believe links Mikael Davud, a Norwegian accused of heading a terrorist group in the country, to Abid Naseer, a Briton facing extradition to the US who allegedly coordinated attacks on targets in Britain, the US and Norway during 2009. Davud, Naseer and Najibullah Zazi, who has admitted involvement in the foiled attempt to bomb the New York metro system, are all thought to have maintained contact with the same Al-Qaida operatives in Pakistan.

Contact in code

E-mails found on computers owned by the suspects suggest they maintained contact with Al-Qaida members, and apparently used a code in which discussion of weddings, marriage and the weather disguised plans for acts of terrorism. The Americans believe British Al-Qaida commander Rashid Rauf and another senior member, Saleh al-Somali – both of whom were later killed in drone attacks in Pakistan – led the plans of Davud, Naseer and Zazi. The three men are also believed to have been trained in Pakistan.

Norwegian authorities, though, face difficulties in using evidence from foreign security services in court. “There are almost sacred rules for the use of such information,” PST’s Janne Kristiansen told newspaper Aftenposten over the weekend. “It cannot be used in court without permission. If we still use it without permission from the cooperating service, it will hurt further collaboration.”

An Oslo court gave PST eight more weeks in January to question Davud, who reportedly has not been cooperative. The ruling emphasized the testimony of another of the accused, Shawan Bujak, which suggests that the Norwegian terror cell’s target was the Danish newspaper Jyllands-Posten, which published controversial cartoons of the Prophet Muhammad. Davud himself has only mentioned the Chinese embassy in Oslo as a possible target, as revenge for Chinese oppression suffered by his family, but this has been rejected by investigators, who have confirmed that the accused did not know the location of the Chinese embassy in Oslo when questioned.

‘No firm plans’

Aftenposten reports that Davud’s own lawyer, Arild Humlen, also confirms this, suggesting that his client had no firm plans for an attack. He believes this weakens the prosecution’s case because “there isn’t any new evidence that strengthens the accusation that the three defendants had entered into any association” with each other. Indeed, documents revealed by Wikileaks, which detail discussions between the US embassy and Norwegian authorities, suggest that PST had, in January, no leads that illuminate the goal of any eventual attack.

In order to convict Davud, Bujak and their other alleged colleague, David Jakobsen, who was released from custody last fall, the prosecutors must convince the court that the men knowingly entered into an alliance with the intention of committing one or more acts of terrorism. After a further custody hearing in March, PST would have until the summer holidays at the latest to conclude their investigation, after which the public prosecutor will decide whether to indict the three suspects.

LAT : The CIA, licensed to kill

Tuesday, August 11, 2009

The CIA, licensed to kill

The agency has been involved in planning assassinations since at least 1954.

By David Wise | July 22, 2009

Back in 1960, the CIA hatched a plan to kill Patrice Lumumba by infecting his toothbrush with a deadly disease. The Congolese leader would brush his teeth and, presto, in a few days or weeks he would be gone.

Around the same time, the CIA's Health Alteration Committee -- who thought that name up? -- sent a monogrammed, poisoned handkerchief to Gen. Abdul Karim Kassem, the leader of Iraq.

And the CIA's "executive action" unit plotted for years to murder Fidel Castro. It hired the Mafia to poison his food and tried to give him a diving suit contaminated with Madura foot, a rare tropical disease that starts in the foot and moves upward, slowly destroying the body. The CIA also considered offing the Cuban leader with an exploding cigar, a poison pen and a seashell that would blow up underwater when he touched it.

Not one of the plots was successful. Lumumba and Kassem were executed by their foes, and Castro is still alive. But the plots make clear that the CIA has been licensed to kill for decades.

Congress -- especially congressional Democrats -- was outraged earlier this month when it was disclosed that, apparently on orders from Vice President Dick Cheney, the CIA for eight years concealed from Congress a program to assassinate the leaders of Al Qaeda, starting with Osama bin Laden. But they shouldn't have been surprised that such a plan was being hatched.

The CIA's involvement in planning assassinations goes back at least to 1954, when it prepared a manual for killings as part of a U.S.-run coup against the leftist government of Guatemala. The 19-page manual, which was declassified in 1997, makes chilling reading. "The essential point of assassination is the death of the subject," it declares, noting that while it "is possible to kill a man with the bare hands ... the simplest local tools are often much the most efficient means of assassination. A hammer, ax, wrench, screwdriver, fire poker, kitchen knife, lamp stand or anything hard, heavy and handy will suffice."

The agency's manual recommends "the contrived accident" as the best way to dispose of someone. "The most efficient accident ... is a fall of 75 feet or more onto a hard surface. Elevator shafts, stairwells, unscreened windows and bridges will serve." The manual suggests grabbing the victim by the ankles and "tipping the subject over the edge. ... Falls before trains or subway cars are usually effective, but require exact timing."

The manual goes on to discuss "blunt weapons," noting that "a hammer can be picked up almost anywhere in the world" and that baseball bats are also excellent. The manual explains the best place in the body to stab people or how to bash their skulls in and the pros and cons of rifles, pistols, submachine guns and other weapons.

During the Cold War years, the CIA plotted against eight foreign leaders, five of whom died violently. The agency's role varied in each case.

After the plots were publicized by a Senate committee, President Ford issued an executive order in 1976 barring political assassination. President Reagan broadened the ban, dropping the word "political" and extending the prohibition to include contract killers as well as government employees.

Although the ban remains in effect, it has largely been ignored on the premise that it does not apply in a military setting. Consider the following:

In 1986, Reagan ordered the bombing of Libya in retaliation for a terrorist attack on a Berlin disco that killed three people, including two U.S. servicemen, and wounded more than 200 others. In the airstrike, Libya's leader, Moammar Kadafi, a target of the raid, escaped unharmed, but his 2-year-old adopted daughter was killed.

During the Persian Gulf War in 1991, when the first Bush administration bombed Baghdad, Robert M. Gates, the former CIA director and current Defense secretary, said White House officials hoped that "Saddam Hussein would be killed in a bunker." At an air base in Saudi Arabia that year, Cheney, then secretary of Defense, and Gen. Colin L. Powell signed a 2,000-pound laser-guided bomb destined for Iraq. "To Saddam with affection," Cheney wrote.

In 1998, President Clinton ordered a cruise missile strike on Al Qaeda training camps in Afghanistan after the bombing of two U.S. embassies in Africa. The White House was clearly disappointed when the strike failed to kill Bin Laden, who reportedly left one of the camps shortly before the attack.

A year later, again during the Clinton administration, NATO bombed Belgrade after Serbia forced ethnic Albanians to flee from Kosovo. A cruise missile was lobbed right into the bedroom of Slobodan Milosevic, the Serbian leader and Yugoslav president, but he was not sleeping there and escaped injury.

In Yemen in 2002, a CIA Predator drone fired a Hellfire missile that destroyed a car in which a top Al Qaeda leader, Qaed Sinan Harithi, was riding.

The problem with assassination, morality aside, is that the U.S. is not very good at it, as the CIA's farcical efforts to murder Castro demonstrate. It seems unlikely that the CIA will kill Bin Laden with a baseball bat. And there is the real possibility of retaliation for a state-sponsored assassination. President Kennedy was quoted as saying, "We can't get into that kind of thing or we would all be targets." Perhaps CIA Director Leon Panetta had that in mind when he canceled the assassination program.

David Wise writes frequently about intelligence. He is the author of "Nightmover: How Aldrich Ames Sold the CIA to the KGB for $4.6 Million" and "Spy: The Inside Story of How the FBI's Robert Hanssen Betrayed America."

WaPo : Congress and the CIA: Time to Move On

Tuesday, August 04, 2009

Congress and the CIA: Time to Move On

By Leon Panetta | August 2, 2009

Last month, at a meeting overseas of intelligence service chiefs, one of my counterparts from a major Western ally pulled me aside. Why, he asked, is Washington so consumed with what the CIA did in the past, when the most pressing national security concerns are in the present? It was a very good question. In fact, I've become increasingly concerned that the focus on the past, especially in Congress, threatens to distract the CIA from its crucial core missions: intelligence collection, analysis and covert action.

In our democracy, effective congressional oversight of intelligence is important, but it depends as much on consensus as it does on secrecy. We need broad agreement between the executive and legislative branches on what our intelligence organizations do and why. For much of our history, we have had that. Over the past eight years, on specific issues -- including the detention and interrogation of terrorists -- the consensus deteriorated. That contributed to an atmosphere of declining trust, growing frustration and more frequent leaks of properly classified information.

In its earliest days, the Obama administration made policy changes in intelligence that ended some controversial practices. The CIA no longer operates black sites and no longer employs "enhanced" interrogation techniques. It is worth remembering that the CIA implements presidential decisions; we do not make them. Yet my agency continues to pay a price for enduring disputes over policies that no longer exist. Those conflicts fuel a climate of suspicion and partisanship on Capitol Hill that our intelligence officers -- and our country -- would be better off without. My goal as director is to do everything I can to build the kind of dialogue and trust with Congress that is essential to our intelligence mission.
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In that spirit, on June 24, I briefed the intelligence oversight committees of Congress on a highly classified program that had been brought to my attention the day before. Never fully operational, the program had not, in seven years, taken a single terrorist off the street, and information about it had not been shared appropriately with Congress. For me, this was more than just a simple question of law or legal requirements. Rather, it was a reflection of my firm belief that a straightforward and honest partnership with Congress can build support for intelligence. That's what I want, and I am convinced it's what our nation needs.

Unfortunately, rather than providing an opportunity to start a new chapter in CIA-congressional relations, the meeting sparked a fresh round of recriminations about the past. I recognize that there will always be tension in oversight relationships, but there are also shared responsibilities. Those include protecting the classified information that shapes our conversations. Together, the CIA and Congress must find a balance between appropriate oversight and a recognition that the security of the United States depends on a CIA that is totally focused on the job of defending America.

The time has come for both Democrats and Republicans to take a deep breath and recognize the reality of what happened after Sept. 11, 2001. The question is not the sincerity or the patriotism of those who were dealing with the aftermath of Sept. 11. The country was frightened, and political leaders were trying to respond as best they could. Judgments were made. Some of them were wrong. But that should not taint those public servants who did their duty pursuant to the legal guidance provided. The last election made clear that the public wanted to move in a new direction.

Intelligence can be a valuable weapon, but it is not one we should use on each other. As the president has said, this is not a time for retribution. Debates over who knew what when -- or what happened seven years ago -- miss a larger, more important point: We are a nation at war in a dangerous world, and good intelligence is vital to us all. That is where our focus should be. The CIA has plenty of tools to fight al-Qaeda and its allies. Unlike the effort I canceled in June, our present tools are effective, we use them aggressively to go after our enemies, and Congress has been briefed on them.

When President Obama visited the CIA in April, he told agency officers, "I am going to need you more than ever." The men and women of the CIA truly are America's first line of defense. They must run risks and make sacrifices to acquire the intelligence our country needs for its safety and security. Having spent 16 years in the House, I know that Congress can get the facts it needs to do its job without undue strife or name-calling. I also know that we can learn lessons from the past without getting stuck there. That is what the American people expect. The CIA is ready to do its part. The nation deserves no less.

The writer is director of the Central Intelligence Agency.

Sunday Herald : Death squad leader ‘was top CIA agent’

Monday, March 23, 2009

Death squad leader ‘was top CIA agent’

Gabriel Ronay | March 22, 2009

THE LATE President Milosevic's secret police chief and organiser of Serb death squads during the genocidal ethnic cleansing of disintegrating Yugoslavia was the United States' top CIA agent in Belgrade, according to the independent Belgrade Radio B92.

The claim that from 1992 until the end of the decade, Jovica Stanisic, head of Serbia's murderous DB Secret Police, was regularly informing his CIA handlers of the thinking in Milosevic's inner circle has shocked the region.

Stanisic is said to have loyally served his two masters for eight years. He is facing war crimes charges at the International Criminal Court at The Hague.

In the terrifying years of Yugoslavia's internecine wars, he acted as the willing "muscle" behind Milosevic's genocidal campaigns in Croatia, Kosovo and Bosnia, including Sebrenica.

According to the charges he faces, Stanisic was "part of a joint criminal enterprise that included former Serbian president Slobodan Milosevic and other Serbian politicians".

Dermot Groome, The Hague's chief prosecutor, has specifically accused him of sending in the Serb Scorpion and Red Beret death squads into the states seeking independence from Belgrade. Stanisic has pleaded not guilty.

Like in a Cold War spy thriller, Serbia's secret police chief met his CIA handlers in safe houses, parks and boats on the river Sava to betray his master's action plans. He provided, it is claimed, information on the whereabouts of Nato hostages, aided CIA operatives in their search for Muslim mass graves and helped the US set up secret bases in Bosnia to monitor the implementation of the 1995 Dayton peace accord.

This has raised awkward questions for Washington. With Stanisic providing chapter and verse of the genocidal slaughter of Croats, Bosnians and Albanians from the early 1990s, should President Clinton have cut a deal with Milosevic at Dayton, Ohio, ending the Bosnian war on such equitable terms for the Serbs? Or, using Stanisic's evidence, should the Americans not have unmasked Milosevic and Radovan Karadzic, the then head of Republika Srpska, as genocidal war criminals and demanded their surrender?

From his prison cell at The Hague, Stanisic countered the charges facing him with an aide memoir portraying himself as "a person who had sought to moderate Milosevic and had done a great deal to moderate the crisis".

In an unusual move, the CIA has submitted classified documents to the court that confirm Stanisic's "undercover operative role in helping to bring peace to the region and aiding the agency's work. He helped defuse some of the most explosive actions of the Bosnian war."

In an interview with the Los Angeles Times, William Lofgren, his original CIA recruiter and handler, now retired, said: "Stanisic provided valuable information from Milosevic's inner circle. But he never took money from the CIA, worked with the agency on operations or took steps that he would have considered a blatant betrayal of his boss."

Thus the judges at The Hague are having to judge a man who allegedly sent the Scorpion death squads to Srebrenica to "deal" with men and boys fleeing the UN-protected Muslim enclave, while working with the CIA trying to end Milosevic's ethnic wars.

The way the CIA apparently viewed their Belgrade "asset" is revealed in an interview with Balkan Insight, a little known south-east European publication.

The emerging picture is a quaint reflection from a hall of mirrors. Greg Miller of the Los Angeles Times, writing about the links between the CIA and the Serb secret police chief, is quoted as saying: "As I said in the LAT story, the CIA do not see Stanisic as a choirboy. When you talk to people who work in espionage, this is often the case.

"Because of the nature of that job, of that assignment, they are working with people who do not have unblemished records, it would be difficult for them to be effective if they only worked with people who had unblemished records.

"People in Belgrade who have been following the career of Jovica Stanisic would say that this was a guy who was an expert in his field; he was a highly-trained and highly-effective spy. His motivation may have been that he wanted to know what the United States was up to.

"He did not believe that Milosevic was taking the country in the right direction - so he wanted to influence events. He saw himself as an important guy who could pull strings behind the scenes to make things happen in Belgrade."

Stanisic apparently did so on his own terms, while trying to remain a loyal Serb. He did not succeed.

Now he is having to account for his actions as Milosevic's loyal lieutenant at The Hague.

LAT : U.S. missile strikes said to take heavy toll on Al Qaeda

Saturday, March 21, 2009

U.S. missile strikes said to take heavy toll on Al Qaeda

Predator drone attacks in northwest Pakistan have increased sharply since Bush last year stopped seeking Pakistan's permission. Obama may keep pace as officials speak of confusion in Al Qaeda ranks.

By Greg Miller | March 21, 2009

Reporting from Washington -- An intense, six-month campaign of Predator strikes in Pakistan has taken such a toll on Al Qaeda that militants have begun turning violently on one another out of confusion and distrust, U.S. intelligence and counter-terrorism officials say.

The pace of the Predator attacks has accelerated dramatically since August, when the Bush administration made a previously undisclosed decision to abandon the practice of obtaining permission from the Pakistani government before launching missiles from the unmanned aircraft.

Since Aug. 31, the CIA has carried out at least 38 Predator strikes in northwest Pakistan, compared with 10 reported attacks in 2006 and 2007 combined, in what has become the CIA's most expansive targeted killing program since the Vietnam War.

Because of its success, the Obama administration is set to continue the accelerated campaign despite civilian casualties that have fueled anti-U.S. sentiment and prompted protests from the Pakistani government.

"This last year has been a very hard year for them," a senior U.S. counter-terrorism official said of Al Qaeda militants, whose operations he tracks in northwest Pakistan. "They're losing a bunch of their better leaders. But more importantly, at this point they're wondering who's next."

U.S. intelligence officials said they see clear signs that the Predator strikes are sowing distrust within Al Qaeda. "They have started hunting down people who they think are responsible" for security breaches, the senior U.S. counter-terrorism official said, discussing intelligence assessments on condition of anonymity. "People are showing up dead or disappearing."

The counter-terrorism official and others, who also spoke anonymously, said the U.S. assessments were based in part on reports from the region provided by the Pakistani intelligence service.

The stepped-up Predator campaign has killed at least nine senior Al Qaeda leaders and dozens of lower-ranking operatives, in what U.S. officials described as the most serious disruption of the terrorist network since 2001.

Among those killed since August are Rashid Rauf, the suspected mastermind of an alleged 2006 transatlantic airliner plot; Abu Khabab Masri, who was described as the leader of Al Qaeda's chemical and biological weapons efforts; Khalid Habib, an operations chief allegedly involved in plots against the West; and Usama al-Kini, who allegedly helped orchestrate the September bombing of the Marriott Hotel in the Pakistani capital, Islamabad.

Al Qaeda's founders remain elusive. U.S. spy agencies have not had reliable intelligence on the location of Osama bin Laden since he slipped across the Pakistan border seven years ago, officials said. His deputy, Ayman Zawahiri, remains at large after escaping a missile strike in 2006.

But the Predator campaign has depleted the organization's operational tier. Many of the dead are longtime loyalists who had worked alongside Bin Laden and were part of the network's hasty migration into Pakistan in 2001 after U.S.-led forces invaded neighboring Afghanistan. They are being replaced by less experienced recruits who have had little, if any, history with Bin Laden and Zawahiri.

The offensive has been aided by technological advances and an expansion of the CIA's Predator fleet. The drones take off and land at military airstrips in Pakistan, but are operated by CIA pilots in the United States. Some of the pilots -- who also pull the triggers on missiles -- are contractors hired by the agency, former officials said.

Predators were originally designed as video surveillance aircraft that could hover over a target from high altitudes. But new models are outfitted with additional intelligence gear that has enabled the CIA to confirm the identities of targets even when they are inside buildings and can't be seen through the Predator's lens.

The agency is also working more closely with U.S. special operations teams and military intelligence aircraft that hug the Pakistan border, collecting pictures and intercepting radio or cellphone signals.

Even so, officials said that the surge in strikes has less to do with expanded capabilities than with the decision to skip Pakistani approval. "We had the data all along," said a former CIA official who oversaw Predator operations in Pakistan. "Finally we took off the gloves."

The Bush administration's decision to expand the Predator program was driven by growing alarm over Al Qaeda's resurgence in Pakistan's tribal belt.

A 2006 peace agreement between Islamabad and border tribes had allowed the network to shore up its finances, resume training operatives and reestablish ties to satellite groups.

The Bush administration had been constrained by its close relationship with Pakistani President Pervez Musharraf, who argued against aggressive U.S. action. But by last summer, after a series of disrupted terrorist plots in Europe had been traced to Pakistan, there were calls for a new approach.

"At a certain point there was common recognition of the untenable nature of what was happening in the FATA," said a former senior U.S. counter-terrorism official, referring to Pakistan's Federally Administered Tribal Areas where Al Qaeda is based.

The breaking point came when Musharraf was forced to resign mid-August, officials said. Within days, President Bush had approved the new rules: Rather than requiring Pakistan's permission to order a Predator strike, the agency was allowed to shoot first.

The effect was immediate.

There were two Predator strikes on Aug. 31, and three more by the end of the week. CIA officials had suspected that their targets were being tipped by Pakistani intelligence to pending U.S. strikes; bypassing the government ended that concern.

It also eliminated delays. Former CIA officials said getting permission from Pakistani authorities could take a day or more, sometimes causing the agency to lose track of the target. The missed opportunities were costly because it often took months to assemble the intelligence necessary for a strike.

In 2006, for example, the CIA got word from Pakistan's intelligence service that Habib was staying at a compound in Miram Shah. A CIA officer involved in the hunt said he spent weeks at a Pakistani military outpost near the compound, monitoring images from a Predator on a flat-screen device.

"We had a Predator up there for hours at a stretch, just watching, watching," the official said. The agency studied the layout of the compound, trying to determine who slept where, and scanning the surrounding roads for the arrival of Habib's truck.

"They took a shot at the compound a week after I left," the official said. "We got some bodyguards, but he was not there." It took more than two years for the agency to catch up to Habib again. He was killed in a Predator strike in South Waziristan in October.

Pakistan has repeatedly criticized the Predator campaign; the attacks are reported to have caused dozens of civilian casualties. "Drone attacks are counterproductive," said Nadeem Kiani, press attache at the Pakistan Embassy in Washington. Rather than firing missiles, Kiani said, the United States should provide intelligence to Pakistan "and we will take immediate action."

U.S. officials say that despite such complaints, the Pakistani government's opposition has been muted because the CIA has expanded its targeting to include militant groups that threaten the government in Islamabad.

The success of the Predator campaign has prompted some counter-terrorism officials to speak of a post-Al Qaeda era in which its regional affiliates -- in North Africa and elsewhere -- are all that remain after the center collapses.

"You can imagine a horizon in which Al Qaeda proper no longer exists," said Juan Zarate, former counter-terrorism advisor to Bush. "If you were to continue on this pace, and get No. 1 and No. 2, Al Qaeda is dead. You can't resuscitate that organization as we know it without its senior leadership."

How to achieve that end without undermining the government in Pakistan is a key issue the Obama administration faces as it searches for a new strategy in the region. In a tour of the region, CIA Director Leon E. Panetta arrived in Islamabad Saturday for talks with Pakistani intelligence officials.

"There's a risk of driving [Al Qaeda and its allies] farther and farther into Pakistan, into cities," said Daniel Byman, a former CIA analyst and terrorism expert at Georgetown University. "There's a danger of weakening the government we want to bolster. It's already to some degree a house of cards."

In fact, the stepped-up strikes have coincided with a deterioration in the security situation in Pakistan. Over the last six months, Taliban elements tied to Al Qaeda have carried out increasingly bold attacks, including in Islamabad, and a recent truce between the government and militants in the Swat Valley was seen by some observers as a capitulation to Islamic hard-liners.

But proponents of the strikes argue that the opportunity to cripple Al Qaeda, perhaps permanently, outweighs concerns over the strains being placed on Pakistan.

"Is this really helping when you have radical militants controlling more territory than ever before?" Zarate said. "That is a good question, but that is a different question from whether this is effective against Al Qaeda."

So far, that appears to be the prevailing view within the Obama administration. A strike in Pakistan's North-West Frontier Province last Sunday was the second in four days, and the ninth this year.

Panetta, asked about the drone aircraft attacks in a meeting with reporters last month, refused to discuss the Predator program directly, but said, "Nothing has changed our efforts to go after terrorists, and nothing will change those efforts."

greg.miller@latimes.com

NYT : Tales From Torture’s Dark World

Friday, March 20, 2009

Tales From Torture’s Dark World

By MARK DANNER | March 15, 2009

ON a bright sunny day two years ago, President George W. Bush strode into the East Room of the White House and informed the world that the United States had created a dark and secret universe to hold and interrogate captured terrorists.

“In addition to the terrorists held at Guantánamo,” the president said, “a small number of suspected terrorist leaders and operatives captured during the war have been held and questioned outside the United States, in a separate program operated by the Central Intelligence Agency.”

At these places, Mr. Bush said, “the C.I.A. used an alternative set of procedures.” He added: “These procedures were designed to be safe, to comply with our laws, our Constitution and our treaty obligations. The Department of Justice reviewed the authorized methods extensively and determined them to be lawful.” This speech will stand, I believe, as George W. Bush’s most important: perhaps the only historic speech he ever gave. In his fervent defense of his government’s “alternative set of procedures” and his equally fervent insistence that they were “lawful,” he set out before the country America’s dark moral epic of torture, in the coils of whose contradictions we find ourselves entangled still.

At the same time, perhaps unwittingly, Mr. Bush made it possible that day for those on whom the alternative set of procedures were performed eventually to speak. For he announced that he would send 14 “high-value detainees” from dark into twilight: they would be transferred from the overseas “black sites” to Guantánamo. There, while awaiting trial, the International Committee of the Red Cross would be “advised of their detention, and will have the opportunity to meet with them.”

A few weeks later, from Oct. 6 to 11 and then from Dec. 4 to 14, 2006, Red Cross officials — whose duty it is to monitor compliance with the Geneva Conventions and to supervise treatment of prisoners of war — traveled to Guantánamo and began interviewing the prisoners.

Their stated goal was to produce a report that would “provide a description of the treatment and material conditions of detention of the 14 during the period they were held in the C.I.A. detention program,” periods ranging “from 16 months to almost four and a half years.”

As the Red Cross interviewers informed the detainees, their report was not intended to be released to the public but, “to the extent that each detainee agreed for it to be transmitted to the authorities,” to be given in strictest secrecy to officials of the government agency that had been in charge of holding them — in this case the Central Intelligence Agency, to whose acting general counsel, John Rizzo, the report was sent on Feb. 14, 2007.

The result is a document — labeled “confidential” and clearly intended only for the eyes of those senior American officials — that tells a story of what happened to each of the 14 detainees inside the black sites.

A short time ago, this document came into my hands and I have set out the stories it tells in a longer article in The New York Review of Books. Because these stories were taken down confidentially in patient interviews by professionals from the International Committee of the Red Cross, and not intended for public consumption, they have an unusual claim to authenticity.

Indeed, since the detainees were kept strictly apart and isolated, both at the black sites and at Guantánamo, the striking similarity in their stories would seem to make fabrication extremely unlikely. As its authors state in their introduction, “The I.C.R.C. wishes to underscore that the consistency of the detailed allegations provided separately by each of the 14 adds particular weight to the information provided below.”

Beginning with the chapter headings on its contents page — “suffocation by water,” “prolonged stress standing,” “beatings by use of a collar,” “confinement in a box” — the document makes compelling and chilling reading. The stories recounted in its fewer than 50 pages lead inexorably to this unequivocal conclusion, which, given its source, has the power of a legal determination: “The allegations of ill treatment of the detainees indicate that, in many cases, the ill treatment to which they were subjected while held in the C.I.A. program, either singly or in combination, constituted torture. In addition, many other elements of the ill treatment, either singly or in combination, constituted cruel, inhuman or degrading treatment.”

•

Perhaps one should start with the story of the first man to whom, according to news reports, the president’s “alternative set of procedures” were applied:

“I woke up, naked, strapped to a bed, in a very white room. The room measured approximately 4 meters by 4 meters. The room had three solid walls, with the fourth wall consisting of metal bars separating it from a larger room. I am not sure how long I remained in the bed. After some time, I think it was several days, but can’t remember exactly, I was transferred to a chair where I was kept, shackled by hands and feet for what I think was the next two to three weeks. During this time I developed blisters on the underside of my legs due to the constant sitting. I was only allowed to get up from the chair to go [to] the toilet, which consisted of a bucket.

“I was given no solid food during the first two or three weeks, while sitting on the chair. I was only given Ensure and water to drink. At first the Ensure made me vomit, but this became less with time.

“The cell and room were air-conditioned and were very cold. Very loud, shouting-type music was constantly playing. It kept repeating about every 15 minutes, 24 hours a day. Sometimes the music stopped and was replaced by a loud hissing or crackling noise.

“The guards were American, but wore masks to conceal their faces. My interrogators did not wear masks.”

So begins the story of Abu Zubaydah, a senior member of Al Qaeda, captured in a raid in Pakistan in March 2002. The arrest of an active terrorist with actionable information was a coup for the United States.

After being treated for his wounds — he had been shot in the stomach, leg and groin during his capture — Abu Zubaydah was brought to one of the black sites, probably in Thailand, and placed in that white room.

It is important to note that Abu Zubaydah was not alone with his interrogators, that everyone in that white room — guards, interrogators, doctor — was in fact linked directly, and almost constantly, to senior intelligence officials on the other side of the world. “It wasn’t up to individual interrogators to decide, ‘Well, I’m going to slap him. Or I’m going to shake him,’” said John Kiriakou, a C.I.A. officer who helped capture Abu Zubaydah, in an interview with ABC News.

Every one of the steps taken with regard to Abu Zubaydah “had to have the approval of the deputy director for operations. So before you laid a hand on him, you had to send in the cable saying, ‘He’s uncooperative. Request permission to do X.’”

He went on: “The cable traffic back and forth was extremely specific.... No one wanted to get in trouble by going overboard.”

Shortly after Abu Zubaydah was captured, C.I.A. officers briefed the National Security Council’s principals committee, including Vice President Dick Cheney, the national security adviser, Condoleezza Rice, and Attorney General John Ashcroft, in detail on the interrogation plans for the prisoner. As the interrogations proceeded, so did the briefings, with George Tenet, the C.I.A. director, bringing to senior officials almost daily reports of the techniques applied.

At the time, the spring and summer of 2002, Justice Department officials, led by John Yoo, were working on a memorandum, now known informally as “the torture memo,” which claimed that for an “alternative procedure” to be considered torture, and thus illegal, it would have to cause pain of the sort “that would be associated with serious physical injury so severe that death, organ failure, or permanent damage resulting in a loss of significant body function will likely result.” The memo was approved in August 2002, thus serving as a legal “green light” for interrogators to apply the most aggressive techniques to Abu Zubaydah:

“I was taken out of my cell and one of the interrogators wrapped a towel around my neck; they then used it to swing me around and smash me repeatedly against the hard walls of the room.”

The prisoner was then put in a coffin-like black box, about 4 feet by 3 feet and 6 feet high, “for what I think was about one and a half to two hours.” He added: The box was totally black on the inside as well as the outside.... They put a cloth or cover over the outside of the box to cut out the light and restrict my air supply. It was difficult to breathe. When I was let out of the box I saw that one of the walls of the room had been covered with plywood sheeting. From now on it was against this wall that I was then smashed with the towel around my neck. I think that the plywood was put there to provide some absorption of the impact of my body. The interrogators realized that smashing me against the hard wall would probably quickly result in physical injury.”

After this beating, Abu Zubaydah was placed in a small box approximately three feet tall. “They placed a cloth or cover over the box to cut out all light and restrict my air supply. As it was not high enough even to sit upright, I had to crouch down. It was very difficult because of my wounds. The stress on my legs held in this position meant my wounds both in the leg and stomach became very painful. I think this occurred about three months after my last operation. It was always cold in the room, but when the cover was placed over the box it made it hot and sweaty inside. The wound on my leg began to open and started to bleed. I don’t know how long I remained in the small box; I think I may have slept or maybe fainted.

“I was then dragged from the small box, unable to walk properly, and put on what looked like a hospital bed, and strapped down very tightly with belts. A black cloth was then placed over my face and the interrogators used a mineral water bottle to pour water on the cloth so that I could not breathe. After a few minutes the cloth was removed and the bed was rotated into an upright position. The pressure of the straps on my wounds was very painful. I vomited.

“The bed was then again lowered to horizontal position and the same torture carried out again with the black cloth over my face and water poured on from a bottle. On this occasion my head was in a more backward, downwards position and the water was poured on for a longer time. I struggled against the straps, trying to breathe, but it was hopeless.”

After being placed again in the tall box, Abu Zubaydah “was then taken out and again a towel was wrapped around my neck and I was smashed into the wall with the plywood covering and repeatedly slapped in the face by the same two interrogators as before.

“I was then made to sit on the floor with a black hood over my head until the next session of torture began. The room was always kept very cold.

This went on for approximately one week.”

•

Walid bin Attash, a Saudi involved with planning the attacks on American embassies in Africa in 1998 and on the Navy destroyer Cole in 2000, was captured in Pakistan on April 29, 2003:

“On arrival at the place of detention in Afghanistan I was stripped naked. I remained naked for the next two weeks.... I was kept in a standing position, feet flat on the floor, but with my arms above my head and fixed with handcuffs and a chain to a metal bar running across the width of the cell. The cell was dark with no light, artificial or natural.”

This forced standing, with arms shackled above the head, seems to have become standard procedure. It proved especially painful for Mr. bin Attash, who had lost a leg fighting in Afghanistan:

“After some time being held in this position my stump began to hurt so I removed my artificial leg to relieve the pain. Of course my good leg then began to ache and soon started to give way so that I was left hanging with all my weight on my wrists.”

Cold water was used on Mr. bin Attash in combination with beatings and the use of a plastic collar, which seems to have been a refinement of the towel that had been looped around Abu Zubaydah’s neck:

“On a daily basis during the first two weeks a collar was looped around my neck and then used to slam me against the walls of the interrogation room. It was also placed around my neck when being taken out of my cell for interrogation and was used to lead me along the corridor. It was also used to slam me against the walls of the corridor during such movements.

“Also on a daily basis during the first two weeks I was made to lie on a plastic sheet placed on the floor which would then be lifted at the edges. Cold water was then poured onto my body with buckets.... I would be kept wrapped inside the sheet with the cold water for several minutes. I would then be taken for interrogation.”

•

Khalid Shaikh Mohammed, the key planner of the 9/11 attacks, was captured in Pakistan on March 1, 2003.

After three days in what he believes was a prison in Afghanistan, Mr. Mohammed was put in a tracksuit, blindfold, hood and headphones, and shackled and placed aboard a plane. He quickly fell asleep — “the first proper sleep in over five days” — and remains unsure of how long the journey took. On arrival, however, he realized he had come a long way:

“I could see at one point there was snow on the ground. Everybody was wearing black, with masks and army boots, like Planet X people. I think the country was Poland. I think this because on one occasion a water bottle was brought to me without the label removed. It had [an] e-mail address ending in ‘.pl.’”

He was stripped and put in a small cell. “I was kept for one month in the cell in a standing position with my hands cuffed and shackled above my head and my feet cuffed and shackled to a point in the floor,” he told the Red Cross.

“Of course during this month I fell asleep on some occasions while still being held in this position. This resulted in all my weight being applied to the handcuffs around my wrist, resulting in open and bleeding wounds. [Scars consistent with this allegation were visible on both wrists as well as on both ankles.] Both my feet became very swollen after one month of almost continual standing.”

For interrogation, Mr. Mohammed was taken to a different room. The sessions lasted for as long as eight hours and as short as four.

“If I was perceived not to be cooperating I would be put against a wall and punched and slapped in the body, head and face. A thick flexible plastic collar would also be placed around my neck so that it could then be held at the two ends by a guard who would use it to slam me repeatedly against the wall. The beatings were combined with the use of cold water, which was poured over me using a hose-pipe.”

As with Abu Zubaydah, the harshest sessions involved the “alternative set of procedures” used in sequence and in combination, one technique intensifying the effects of the others:

“The beatings became worse and I had cold water directed at me from a hose-pipe by guards while I was still in my cell. The worst day was when I was beaten for about half an hour by one of the interrogators. My head was banged against the wall so hard that it started to bleed. Cold water was poured over my head. This was then repeated with other interrogators. Finally I was taken for a session of water boarding. The torture on that day was finally stopped by the intervention of the doctor.”

Reading the Red Cross report, one becomes somewhat inured to the “alternative set of procedures” as they are described: the cold and repeated violence grow numbing. Against this background, the descriptions of daily life of the detainees in the black sites, in which interrogation seems merely a periodic heightening of consistently imposed brutality, become more striking.

Here again is Mr. Mohammed:

“After each session of torture I was put into a cell where I was allowed to lie on the floor and could sleep for a few minutes. However, due to shackles on my ankles and wrists I was never able to sleep very well.... The toilet consisted of a bucket in the cell, which I could use on request” — he was shackled standing, his hands affixed to the ceiling — “but I was not allowed to clean myself after toilet during the first month.... I wasn’t given any clothes for the first month. Artificial light was on 24 hours a day, but I never saw sunlight.”

•

Abu Zubaydah, Walid bin Attash, Khalid Shaikh Mohammed — these men almost certainly have blood on their hands. There is strong reason to believe that they had critical parts in planning and organizing terrorist operations that caused the deaths of thousands of people. So in all likelihood did the other “high-value detainees” whose treatment while secretly confined by the United States is described in the Red Cross report.

From everything we know, many or all of these men deserve to be tried and punished — to be “brought to justice,” as President Bush vowed they would be. The fact that judges, military or civilian, throw out cases of prisoners who have been tortured — and have already done so at Guantánamo — means it is highly unlikely that they will be brought to justice anytime soon.

For the men who have committed great crimes, this seems to mark perhaps the most important and consequential sense in which “torture doesn’t work.” The use of torture deprives the society whose laws have been so egregiously violated of the possibility of rendering justice. Torture destroys justice. Torture in effect relinquishes this sacred right in exchange for speculative benefits whose value is, at the least, much disputed.

As I write, it is impossible to know definitively what benefits — in intelligence, in national security, in disrupting Al Qaeda — the president’s approval of use of an “alternative set of procedures” might have brought to the United States. Only a thorough investigation, which we are now promised, much belatedly, by the Senate Intelligence Committee, can determine that.

What we can say with certainty, in the wake of the Red Cross report, is that the United States tortured prisoners and that the Bush administration, including the president himself, explicitly and aggressively denied that fact. We can also say that the decision to torture, in a political war with militant Islam, harmed American interests by destroying the democratic and Constitutional reputation of the United States, undermining its liberal sympathizers in the Muslim world and helping materially in the recruitment of young Muslims to the extremist cause. By deciding to torture, we freely chose to embrace the caricature they had made of us. The consequences of this choice, legal, political and moral, now confront us. Time and elections are not enough to make them go away.

Mark Danner, a professor of journalism at the University of California, Berkeley, and Bard College, is the author of "Torture and Truth: America, Abu Ghraib and the War on Terror.” This essay is drawn from a longer article in the new issue of The New York Review of Books, available at www.nybooks.com.

Huffington Post : Disappeared in the Name of National Security

Sunday, February 22, 2009

Disappeared in the Name of National Security

Mohamed Farag Bashmilah | February 19, 2009

From October 2003 until May 2005, I was illegally detained by the U.S. government and held in CIA-run "black sites" with no contact with the outside world. On May 5, 2005, without explanation, my American captors removed me from my cell and cuffed, hooded, and bundled me onto a plane that delivered me to Sana'a, Yemen. I was transferred into the custody of my own government, which held me -- apparently at the behest of the United States -- until March 27, 2006, when I was finally released, never once having faced any terrorism-related charges. Since my release, the U.S. government has never explained why I was detained and has blocked all attempts to find out more about my detention.

What I do know is that the Jordanian government -- after torturing me for several days -- handed me over to a U.S. "rendition team" in Amman, which then abducted me, forced me onto a plane, and flew me to Afghanistan. During this, and several other transfers between CIA prisons, I was subjected to a brutal and deeply humiliating "preparation" ritual. I was stripped naked, dressed in a diaper, shackled, blindfolded and hooded, and then boarded onto a waiting plane. I was forced into painful positions, often reeling from the blows and kicks of the men who had "prepared" me for flight.

During my detention, I agonized constantly about my family back in Yemen, knowing they had no idea where I was. They never once received information about who had taken me, why I was taken, or even whether I was alive. They were never contacted by the U.S. government or the International Committee of the Red Cross. My mother and wife were in such anguish that they had to be hospitalized for illness, stress, and anxiety. My father passed away while I was disappeared and I am still distraught thinking that he died without knowing whether I was dead or alive. I continue to suffer from bouts of illness that medical doctors attribute to the treatment I experienced in the "black sites." My physical symptoms are made worse by the anxiety caused by never knowing where I was held, and not having any form of acknowledgment that I was disappeared and tortured by the U.S. government.

I believe that acknowledgment is the first step toward accounting for a wrongdoing. The American public needs to face what has happened to those of us who were disappeared and mistreated in the name of their national security, demand accountability for those who committed torture and other crimes, and acknowledge the suffering of those who became victims. Today, a group of concerned Americans called on President Obama to take the first steps to do just that, by demanding that he establish an independent commission of inquiry into the treatment of detainees in the "War on Terror."

President Obama himself recently said that "democracy requires accountability and accountability requires transparency." If he establishes this commission, it would break the silence about what has happened and signal a real commitment not only to changing the practices of the past but also to ensuring that they do not happen again. Both the American public and the victims of these past policies need to understand what the CIA did in the name of U.S. national security. We need to find out where we were all held and who is still missing. And we need justice for the crimes that were committed in violation of our most basic human rights -- rights the United States has always claimed to uphold and defend. President Obama's recent order to the CIA to shut down its secret prisons was a significant step in the right direction, but it did not resolve the unfinished business of establishing accountability and restoring transparency.

The American public deserves to know what was done to people like me -- and I deserve to know why I lost nineteen months of my life -- all in the name of protecting their security. It gives me faith to see that Americans are standing up for my rights and calling for the truth to be exposed. It is my hope that the President will not only establish this commission, but that he will also direct the relevant authorities to investigate and prosecute those who broke American laws in ordering the torture and disappearance of people like me. Truth and justice are not in opposition; both are necessary, and both are the right of all Americans and the victims harmed in their name.


Mohamed Farag Ahmad Bashmilah, a citizen of Yemen, is a client of the International Human Rights Clinic at NYU School of Law, which represents him in his quest for truth and justice.

NYT : C.I.A. Chief Says Qaeda Is Extending Its Reach

Friday, November 14, 2008

C.I.A. Chief Says Qaeda Is Extending Its Reach

By MARK MAZZETTI | November 13, 2008

WASHINGTON — Even as Al Qaeda strengthens its hub in the Pakistani mountains, its leaders are building closer ties to regional militant groups in order to launch attacks in Africa and Europe and on the Arabian Peninsula, the director of the Central Intelligence Agency said Thursday.

The director, Michael V. Hayden, identified North Africa and Somalia as places where Qaeda leaders were using partnerships to establish new bases. Elsewhere, Mr. Hayden said, Al Qaeda was “strengthening” in Yemen, and he added that veterans of the fighting in Iraq and Afghanistan had moved there, possibly to stage attacks against the government of Saudi Arabia.

He said the “bleed out” from the wars in Iraq and Afghanistan also extended to North Africa, raising concern that the countries there could be used to stage attacks into Europe. Mr. Hayden delivered his report in a speech to the Atlantic Council of the United States in Washington, and it offered a mixed assessment of Al Qaeda’s ability to wage a global jihad.

He drew a contrast between what he described as growing Islamic radicalism in places like Somalia and what he said had been the “strategic defeat” of Al Qaeda in Mesopotamia — the network’s affiliate group in Iraq.

Still, Mr. Hayden said that Pakistan’s tribal areas remained Al Qaeda’s most significant operations base because the group’s close ties to Pashtun tribes in the region gave Qaeda militants a sanctuary to plan attacks on Western targets.

“Today, virtually every major terrorist threat my agency is aware of has threads back to the tribal areas,” he said.

His remarks were the first public appraisal of Al Qaeda’s Pakistan sanctuary since the C.I.A. escalated what had been a secret campaign of airstrikes in the tribal areas over the summer.

President Bush signed orders in July allowing the C.I.A. to broaden the campaign.

The C.I.A. used to focus remotely piloted Predator aircraft attacks on a relatively small number of Arab fighters in the tribal areas, but it has begun striking Pakistani militant leaders as well as convoys bound for Afghanistan to resupply militant fighters there.

Mr. Hayden pointedly refused to give details about the strikes by remotely piloted aircraft, or even to acknowledge that they occurred. He did say that the recent killing of senior Qaeda operatives had disrupted the group’s planning and isolated its leadership.

In mid-October, a missile fired from an American drone killed Khalid Habib, the latest senior Qaeda planner to be killed this year in Pakistan.

“To the extent that the United States and its allies deepen that isolation, disturb the safe haven, and target terrorist leaders gathered there, we keep Al Qaeda off balance,” Mr. Hayden said.

The radicalization of Pashtun tribes, and their strengthening ties to Qaeda operatives, date in part to the decision by the Pakistani president at the time, Gen. Pervez Musharraf, to raid the radical Red Mosque in Islamabad in July 2007, the C.I.A. director said. That raid, at the end of an eight-day siege of the mosque by government troops, killed scores of Pakistani militants.

At the end of his remarks, Mr. Hayden deflected questions about whether he would consider remaining at the C.I.A. during the Obama administration and declined to say whether President-elect Barack Obama had asked him to extend his tenure.

“This is the business of the transition team,” Mr. Hayden said. “This is the business of the president-elect.”

Reuters : Qaeda stung by U.S. pressure in Pakistan: CIA chief

Thursday, November 13, 2008

Qaeda stung by U.S. pressure in Pakistan: CIA chief

By Randall Mikkelsen | November 13, 2008

WASHINGTON (Reuters) - U.S. pressure on al Qaeda near Pakistan's border with Afghanistan has put the group "off balance," but the region remains the biggest terrorism threat to the United States, the CIA's chief said on Thursday.

Agency Director Michael Hayden also told a Washington think tank he and the head of Pakistan's intelligence service, Lt.-Gen. Ahmed Shujaa Pasha, shared in a meeting last month common views on how to contain the militant threat.

This was despite heated Pakistani protests over U.S. military strikes inside Pakistan aimed at stopping al Qaeda and Taliban cross-border attacks in Afghanistan.

"There's a lot more commonality on how the threat should be dealt with than many people seem to assume," Hayden told the Atlantic Council of the United States.

He said there may be Taliban elements the United States could talk to fracture its alliance with al Qaeda -- a view also expressed by advisers to President-elect Barack Obama.

The United States in recent months has stepped up drone-carried missile strikes against militants inside Pakistan, and in September launched a commando ground attack across the border.

Washington has shrugged off protests from Pakistan, but some experts fear the raid may have undermined Pakistan's fragile democracy and cooperation with the United States.

Hayden, without acknowledging the strikes or the U.S. role in them, said several veteran al Qaeda fighters and commanders had died over the past year, "by violence or natural causes."

This has shaken al Qaeda's sense of security, he said. "When we and our allies take terrorists like this off the battlefield ... those that remain are feeling some heat."

"We force them to spend more time and resources on self-preservation. And that distracts them ... from laying the groundwork for the next attack. We keep al Qaeda off balance."

Still, he said, the border region remained the base of al Qaeda's leadership, which had developed a more durable structure and a deep reserve of skilled operatives.

"Al Qaeda operating from its safe haven in Pakistan's tribal areas remains the most clear and present danger to the safety of the United States," Hayden said

The United States has been frustrated by Pakistan's inability to eliminate the militants, but Hayden said it deserved credit for a fierce campaign against them in the border area's Bajaur region.

As the war with al Qaeda continued, veteran enemy fighters were leaving Iraq, where the group was "on the verge of strategic defeat," and heading for Afghanistan, Lebanon, the Arabian Peninsula and North Africa. Others have attempted to plot against the United States.

Al Qaeda has gained strength in North Africa, Somalia and Yemen while suffering deep setbacks in Saudi Arabia and Southeast Asia as well as Iraq, Hayden said.

(Editing by Alan Elsner)

NYT : Psychologists Clash on Aiding Interrogations

Saturday, August 16, 2008

Psychologists Clash on Aiding Interrogations

By BENEDICT CAREY | August 15, 2008

They have closely studied suspects, looking for mental quirks. They have suggested lines of questioning. They have helped decide when a confrontation is too intense, or when to push harder. More than those in the other healing professions, psychologists have played a central role in the military and C.I.A. interrogation of people suspected of being enemy combatants.

But now the profession, long divided over this role, is considering whether to make any involvement in military interrogations a violation of its code of ethics.

At the American Psychological Association’s annual meeting this week in Boston, prominent members are denouncing such work as unethical by definition, while other key figures — civilian and military — insist that restricting psychologists’ roles would only make interrogations more likely to harm detainees.

Like other professional organizations, the association has little direct authority to restrict members’ ability to practice. But state licensing boards can suspend or revoke a psychologist’s license, and experts note that these boards often take violations of the association’s ethics code into consideration.

The election for the association’s president is widely seen as a referendum on the issue. Human rights groups, including Amnesty International, plan a protest on Saturday afternoon.

And last week, for the first time, lawyers for a detainee at the United States Navy base at Guantánamo Bay, Cuba, singled out a psychologist as a critical player in documents alleging abusive treatment.

“It’s really a fight for the soul of the profession,” said Brad Olson, a psychologist at Northwestern University, who has circulated a petition among members to place a moratorium on such consulting.

Others strongly disagree. “The vast majority of military psychologists know the ethics code and know exactly what they can and cannot do,” said William J. Strickland, who represents the Society for Military Psychology before the association’s council. “This is a fight about individual psychologists’ behavior, and we should keep it there.”

At the center of the debate are the military’s behavioral science consultation teams, informally known as biscuits, made up of psychologists and others who assist in interrogations. Little is known about these units, including the number of psychologists who take part. Neither the military nor the team members have disclosed many details.

Defenders of that role insist that the teams are crucial in keeping interrogations safe, effective and legal. Critics say their primary purpose is to help break detainees, using methods that might violate international law.

In court documents filed Thursday, lawyers for the Guantánamo detainee Mohammed Jawad asserted that a psychologist’s report helped land Mr. Jawad, a teenager at the time, in a segregation cell, where he became increasingly desperate.

According to the documents, the psychologist, whose name has not been released, completed an assessment of Mr. Jawad after he was seen talking to a poster on his cell wall. Shortly thereafter, in September 2003, he was isolated from other detainees, and many of his requests to see an interrogator were ignored. He later attempted suicide, according to the filing, which asks that the case be dismissed on the ground of abusive treatment.

The Guantánamo court is reviewing the case. Military lawyers have denied that Mr. Jawad suffered any mental health problems from his interrogation. On Thursday, the psychologist in the case invoked Article 31 of the Uniform Code of Military Justice, the military’s equivalent of the Fifth Amendment.

“This is what it’s come to,” said Steven Reisner, an assistant clinical professor at the New York University School of Medicine and a leading candidate for the presidency of the psychological association. “We have psychologists taking the Fifth.”

Dr. Reisner has based his candidacy on “a principled stance against our nation’s policy of using psychologists to oversee abusive and coercive interrogations” at Guantánamo and the so-called black sites operated by the Central Intelligence Agency.

The psychological association’s most recent ethics amendments strongly condemn coercive techniques adopted in the Bush administration’s antiterrorism campaign. But its current guidelines covering practice conclude that “it is consistent with the A.P.A. ethics code for psychologists to serve in consultative roles to interrogation and information-gathering processes for national-security-related purposes,” as long as they do not participate in any of 19 coercive procedures, including waterboarding, the use of hoods and any physical assault.

How these guidelines shape behavior during interrogations is not well understood. Documents from Guantánamo made public in June suggested that at least some of the coercive methods the military has used were derived from SERE, for Survival, Evasion, Resistance, Escape, a program based on Chinese techniques used in the 1950s that produced false confessions from American prisoners.

These techniques included “prolonged constraint,” “exposure” and “sleep deprivation,” known informally as the frequent flier program.

In this kind of environment, “health professionals, bound by strong ethical imperatives to do no harm, may become calibrators of harm,” said Nathaniel Raymond of Physicians for Human Rights, which has been strongly critical of the psychological association’s position.

According to the standard operating procedure for Camp Delta, at Guantánamo, the “behavior management plan” for new detainees “concentrates on isolating the detainee and fostering dependence of the detainee on his interrogator.”

Some psychologists, though appalled by these techniques, emphasize that there is a danger in opting out as well.

“There’s no doubt that the psychologist’s presence can be abused,” said Robert W. Resnick, who is in private practice in Santa Monica, Calif., “but if there’s no presence at all, then there’s no accountability, and you walk away feeling noble and righteous, but you haven’t done a damned thing.”

Stephen Behnke, director of ethics at the psychological association, said in an interview on Friday that Defense Department standards for interrogation appeared to have improved in recent years.

“If you take the position that interrogation cannot be done ethically, then the discussion stops there,” Dr. Behnke said. “But if the answer is yes, then you don’t shut down the whole operation because certain individuals behaved unethically.”

Interrogators, too, are split on the question of whether psychologists provide valuable assistance. Some say that their advice can be helpful; others point out that there is no evidence that it improves the quality of the information obtained.

“I take a hybrid view of this,” said Steven Kleinman, a veteran interrogator and trainer who has worked in Iraq and strongly opposes coercive techniques. “The idea that a psychologist or psychiatrist is going to systematically unlock any prisoner’s resistance and provide some unique strategy is completely false — it’s a fantasy. Their role should be protecting the rights of both the interrogator and the prisoner. That’s far more valuable, and anything they might whisper in the interrogator’s ear, like ‘This person seems to have issues with his mother, play that up.’ ”

However the field addresses the issue, scholars say it may not alter the relationship much between psychologists and the military. Psychologists have helped screen recruits and study morale going back to World War I, and in Iraq, some military psychologists have worked long tours under fire, managing troops’ mental reactions at the front.

“American psychology really grew up with the military,” said Jean Maria Arrigo, a psychologist who has studied the profession’s relationship to military intelligence. “It was barely considered a science before the collaboration began, and the entanglement goes very deep.”

AP : White House denies fake Iraq-al-Qaida link letter

Tuesday, August 05, 2008

White House denies fake Iraq-al-Qaida link letter

By BRETT J. BLACKLEDGE | August 5, 2008

WASHINGTON (AP) — The White House and the CIA on Tuesday adamantly denied a report that the Bush administration concocted a fake letter purporting to show a link between Saddam Hussein's regime and al-Qaida as a justification for the Iraq war.

The allegation was raised by Washington-based journalist Ron Suskind in a new book, "The Way of the World," published Tuesday. The letter supposedly was written by Tahir Jalil Habbush al-Tikriti, director of Iraqi intelligence under Saddam Hussein.

"The White House had concocted a fake letter from Habbush to Saddam, backdated to July 1, 2001," Suskind wrote. "It said that 9/11 ringleader Mohammad Atta had actually trained for his mission in Iraq thus showing, finally, that there was an operational link between Saddam and al-Qaida, something the vice president's office had been pressing CIA to prove since 9/11 as a justification to invade Iraq. There is no link."

Suskind said the letter's existence had been reported before, and that it had been treated as if it were genuine.

Denying the report, White House deputy press secretary Tony Fratto said, "The notion that the White House directed anyone to forge a letter from Habbush to Saddam Hussein is absurd."

Fratto and former CIA Director George Tenet also rejected Suskind's allegation that the U.S. had credible intelligence, before the 2003 invasion of Iraq, that Saddam did not possess weapons of mass destruction. It was supposedly British intelligence, based on information from a senior Iraqi official.

Fratto said U.S. and other intelligence agencies believed Saddam harbored such weapons and that Saddam had tried to make his neighbors believe he had them. In the end, no such weapons were found, undercutting Bush's main reason to go to war.

"We know now that those estimates were wrong, but they were the estimates we all relied on," Fratto said. "Regardless, military force in Iraq was used because Saddam Hussein defiantly failed to comply with the 17 UN Security Council resolutions Iraq was subject to."

Tenet, in a statement distributed by the White House, also issued a denial about the supposedly fake letter. "There was no such order from the White House to me nor, to the best of my knowledge, was anyone from CIA ever involved in any such effort," he said.

"It is well established that, at my direction, CIA resisted efforts on the part of some in the administration to paint a picture of Iraqi-al-Qaida connections that went beyond the evidence," Tenet said. "The notion that I would suddenly reverse our stance and have created and planted false evidence that was contrary to our own beliefs is ridiculous."

Suskind told The Associated Press that the criticism from the White House and Tenet were expected. He said Tenet "is not credible on this issue" and the White House "is all but obligated to deny this."

"If they go in the other direction, I think they're probably going to have to start firing people," Suskind said.

In his book, Suskind writes that Tenet gave Rob Richer, the CIA's former head of the Near East division and deputy director of clandestine operations, the fake letter during a fall 2003 meeting. Suskind quotes Richer as saying, "George said something like, 'Well, Marine, I've got a job for you, though you may not like it.'"

Suskind wrote that "Richer remembers looking down at the creamy White House stationery on which the assignment was written." He quotes Richer as saying, "This was creating a deception."

Suskind also quotes John Maquire, who oversaw the CIA's Iraq Operations Group, about the alleged fake letter. "When it was discussed with me, I just thought it was incredible, a box-checking of all outstanding issues in one letter, from one guy," Suskind quotes Maquire as saying.

Richer and Maquire, who both left the CIA in recent years, could not be reached Tuesday for comment about the book.

Tenet also challenged Suskind's assertion that the U.S. ignored intelligence that Saddam did not have weapons of mass destruction.

"As Mr. Suskind tells it," Tenet said, "the White House directed (and CIA allegedly went along with) burying that information so that the war could go ahead as planned. This is a complete fabrication. In fact, the source in question failed to persuade his British interlocutors that he had anything new to offer by way of intelligence, concessions, or negotiations with regard to the Iraq crisis and the British on their own elected to break off contact with him."

Tenet said, "There were many Iraqi officials who said both publicly and privately that Iraq had no WMD but our foreign intelligence colleagues and we assessed that these individuals were parroting the Baath party line and trying to delay any coalition attack. The particular source that Suskind cites offered no evidence to back up his assertion and acted in an evasive and unconvincing manner."

Suskind wrote that Habbush first told British intelligence agent Michael Shipster in January 2003 that invading forces would not find the weapons in Iraq.

"After being told that Habbush had said there were no WMD, Bush was frustrated," Suskind wrote in the book, quoting Bush telling an aide, "Why don't they ask him to give us something we can use to help us make our case?"

Suskind quotes Richer as saying Habbush's information was disregarded by an administration determined to invade.

Associated Press Writers Terence Hunt and Pamela Hess contributed to this report.

WaPo : Computer Files Hold Key in CIA Case

Thursday, June 26, 2008

Computer Files Hold Key in CIA Case

Officer Had Maps, Photos Involving Abducted Cleric, Court Told

By Craig Whitlock | Washington Post Foreign Service | June 26, 2008

BERLIN, June 25 -- As Italian police investigated the mysterious disappearance of a radical Islamic cleric in 2003, they found a trove of clues on the home computer of the CIA's chief spy in Milan, according to court testimony.

Angelo Foglieri, an Italian anti-terrorism investigator, said Wednesday during trial proceedings in Milan that police found street maps on the CIA officer's computer that had been downloaded from an Internet travel service, Expedia.com. The maps, he said, showed the quickest routes from the cleric's mosque and home in Milan to Aviano Air Base, a joint U.S.-Italian military installation a few hours' drive away.

Also found on the computer were surveillance photos of the Egyptian cleric, Hassan Mustafa Osama Nasr, also known as Abu Omar, taken about a month before his alleged abduction, Foglieri said.

Foglieri's testimony came during a trial of 26 Americans charged with grabbing Nasr off the street as he walked toward a Milan mosque on Feb. 17, 2003. He was later flown to Cairo, where he has asserted he was tortured by the Egyptian secret police as part of an investigation into al-Qaeda.

All of the American defendants are being tried in absentia. Italian authorities said all but three are known only by aliases. Several members of the Italian military intelligence agency, SISMI, are also on trial, charged with conspiring with the CIA.

The seized computer belonged to Robert Seldon Lady, the CIA's chief in Milan at the time. It was taken by Italian police after they came to suspect CIA involvement in Nasr's disappearance, despite the agency's denials to Italian anti-terrorism investigators.

Recovered computer files also showed that Lady used Expedia to book a plane reservation to Cairo around the time Nasr was kidnapped. Lady left Italy before he was charged. He has since retired from the CIA.

The computer also contained a list of about 70 hotels around Milan that Italian investigators used to help identify CIA operatives who played a role in the kidnapping, according to testimony from Foglieri and another Italian investigator, the Associated Press reported.

Italian authorities have said they were astounded to find the evidence left unprotected on Lady's computer. But according to the testimony and court records, the CIA repeatedly failed to cover its tracks during the operation.

While most of the CIA officers used false identities, they left a long paper and electronic trail that enabled Italian investigators to retrace their movements, court documents show.

Posing as tourists and business travelers, the Americans often stayed in the same five-star hotels -- with rates as high as $500 a night. They rarely paid in cash, gave their frequent traveler account numbers to desk clerks and made dozens of calls from room phones that were not secure.

They were also spotted in broad daylight. A witness reported seeing men jump out of a van and grab Nasr as he was walking down the street around noon on Feb. 17, 2003.

Prosecutors in Milan have asked the Italian Justice Ministry in Rome to seek the extradition of the American defendants. So far, the Italian government has refused, but arrest warrants for the Americans have been posted throughout the European Union.

NYT : Letters Give C.I.A. Tactics a Legal Rationale

Sunday, April 27, 2008

Letters Give C.I.A. Tactics a Legal Rationale

By MARK MAZZETTI | April 27, 2008

WASHINGTON — The Justice Department has told Congress that American intelligence operatives attempting to thwart terrorist attacks can legally use interrogation methods that might otherwise be prohibited under international law.

The legal interpretation, outlined in recent letters, sheds new light on the still-secret rules for interrogations by the Central Intelligence Agency. It shows that the administration is arguing that the boundaries for interrogations should be subject to some latitude, even under an executive order issued last summer that President Bush said meant that the C.I.A. would comply with international strictures against harsh treatment of detainees.

While the Geneva Conventions prohibit “outrages upon personal dignity,” a letter sent by the Justice Department to Congress on March 5 makes clear that the administration has not drawn a precise line in deciding which interrogation methods would violate that standard, and is reserving the right to make case-by-case judgments.

“The fact that an act is undertaken to prevent a threatened terrorist attack, rather than for the purpose of humiliation or abuse, would be relevant to a reasonable observer in measuring the outrageousness of the act,” said Brian A. Benczkowski, a deputy assistant attorney general, in the letter, which had not previously been made public.

Mr. Bush issued the executive order last summer to comply with restrictions imposed by the Supreme Court and Congress. The order spelled out new standards for interrogation techniques, requiring that they comply with international standards for humane treatment, but it did not identify any approved techniques.

It has been clear that the order preserved at least some of the latitude that Mr. Bush has permitted the C.I.A. in using harsher interrogation techniques than those permitted by the military or other agencies. But the new documents provide more details about how the administration intends to determine whether a specific technique would be legal, depending on the circumstances involved.

The letters from the Justice Department to Congress were provided by the staff of Senator Ron Wyden, an Oregon Democrat who is a member of the Intelligence Committee and had sought more information from the department.

Some legal experts critical of the Justice Department interpretation said the department seemed to be arguing that the prospect of thwarting a terror attack could be used to justify interrogation methods that would otherwise be illegal.

“What they are saying is that if my intent is to defend the United States rather than to humiliate you, than I have not committed an offense,” said Scott L. Silliman, who teaches national security law at Duke University.

But a senior Justice Department official strongly challenged this interpretation on Friday, saying that the purpose of the interrogation would be just one among many factors weighed in determining whether a specific procedure could be used.

“I certainly don’t want to suggest that if there’s a good purpose you can head off and humiliate and degrade someone,” said the official, speaking on the condition of anonymity because he was describing some legal judgments that remain classified.

“The fact that you are doing something for a legitimate security purpose would be relevant, but there are things that a reasonable observer would deem to be outrageous,” he said.

At the same time, the official said, “there are certainly things that can be insulting that would not raise to the level of an outrage on personal dignity.”

The humiliating and degrading treatment of prisoners is prohibited by Common Article 3 of the Geneva Conventions.

Determining the legal boundaries for interrogating terrorism suspects has been a struggle for the Bush administration. Some of those captured in the first two years after the Sept. 11, 2001, attacks were subjected to particularly severe methods, including waterboarding, which induces a feeling of drowning.

But the rules for interrogations became more restrictive beginning in 2004, when the Justice Department rescinded a number of classified legal opinions, including a memorandum written in August 2002 that argued that nothing short of the pain associated with organ failure constituted illegal torture. The executive order that Mr. Bush issued in July 2007 was a further restriction, in response to a Supreme Court ruling in 2006 that holding that all prisoners in American captivity must be treated in accordance with Common Article 3.

Mr. Benczkowski’s letters were in response to questions from Mr. Wyden, whose committee had received classified briefings about the executive order.

That order specifies some conduct that it says would be prohibited in any interrogation, including forcing an individual to perform sexual acts, or threatening an individual with sexual mutilation. But it does not say which techniques could still be permitted.

Legislation that was approved this year by the House and the Senate would have imposed further on C.I.A. interrogations, by requiring that they conform to rules spelled out in the Army handbook for military interrogations that bans coercive procedures. But Mr. Bush vetoed that bill, saying that the use of harsh interrogation methods had been effective in preventing terrorist attacks.

The legal reasoning included in the latest Justice Department letters is less expansive than what department lawyers offered as recently as 2005 in defending the use of aggressive techniques. But they show that the Bush administration lawyers are citing the sometimes vague language of the Geneva Conventions to support the idea that interrogators should not be bound by ironclad rules.

In one letter written Sept. 27, 2007, Mr. Benczkowski argued that “to rise to the level of an outrage” and thus be prohibited under the Geneva Conventions, conduct “must be so deplorable that the reasonable observer would recognize it as something that should be universally condemned.”

Mr. Wyden said he was concerned that, under the new rules, the Bush administration had put Geneva Convention restrictions on a “sliding scale.”

If the United States used subjective standards in applying its interrogation rules, he said, then potential enemies might adopt different standards of treatment for American detainees based on an officer’s rank or other factors.

“The cumulative effect in my interpretation is to put American troops at risk,” Mr. Wyden said.