Showing posts with label torture. Show all posts
Showing posts with label torture. Show all posts

William Blum : The United States and torture

Monday, August 11, 2014

The United States and torture

by William Blum | August 11th, 2014

Two of the things that governments tend to cover-up or lie about the most are assassinations and torture, both of which are widely looked upon as exceedingly immoral and unlawful, even uncivilized. Since the end of the Second World War the United States has attempted to assassinate more than 50 foreign leaders and has led the world in torture; not only the torture performed directly by Americans upon foreigners, but providing torture equipment, torture manuals, lists of people to be tortured, and in-person guidance and encouragement by American instructors, particularly in Latin America.

Thus it is somewhat to the credit of President Obama that at his August 1 press conference he declared “We did a whole lot of things that were right, but we tortured some folks. We did some things that were contrary to our values.”

And he actually used the word “torture” at that moment, not “enhanced interrogation”, which has been the euphemism of preference the past decade, although two minutes later the president used “extraordinary interrogation techniques”. And “tortured some folks” makes me wince. The man is clearly uncomfortable with the subject.

But all this is minor. Much more important is the fact that for several years Mr. Obama’s supporters have credited him with having put an end to the practice of torture. And they simply have no right to make that claim.

Shortly after Obama’s first inauguration, both he and Leon Panetta, the new Director of the CIA, explicitly stated that “rendition” was not being ended. As the Los Angeles Times reported at the time: “Under executive orders issued by Obama recently, the CIA still has authority to carry out what are known as renditions, secret abductions and transfers of prisoners to countries that cooperate with the United States.”

The English translation of “cooperate” is “torture”. Rendition is simply outsourcing torture. There was no other reason to take prisoners to Lithuania, Poland, Romania, Egypt, Jordan, Kenya, Somalia, Kosovo, or the Indian Ocean island of Diego Garcia, to name some of the known torture centers frequented by the United States. Kosovo and Diego Garcia – both of which house large and very secretive American military bases – if not some of the other locations, may well still be open for torture business. The same for the Guantánamo Base in Cuba.

Moreover, the Executive Order referred to, number 13491, issued January 22, 2009, “Ensuring Lawful Interrogations”, leaves a major loophole. It states repeatedly that humane treatment, including the absence of torture, is applicable only to prisoners detained in an “armed conflict”. Thus, torture by Americans outside an environment of “armed conflict” is not explicitly prohibited. But what about torture within an environment of “counter-terrorism”?

The Executive Order required the CIA to use only the interrogation methods outlined in a revised Army Field Manual. However, using the Army Field Manual as a guide to prisoner treatment and interrogation still allows solitary confinement, perceptual or sensory deprivation, sensory overload, sleep deprivation, the induction of fear and hopelessness, mind-altering drugs, environmental manipulation such as temperature and noise, and stress positions.

After Panetta was questioned by a Senate panel, the New York Times wrote that he had “left open the possibility that the agency could seek permission to use interrogation methods more aggressive than the limited menu that President Obama authorized under new rules … Mr. Panetta also said the agency would continue the Bush administration practice of ‘rendition’ – picking terrorism suspects off the street and sending them to a third country. But he said the agency would refuse to deliver a suspect into the hands of a country known for torture or other actions ‘that violate our human values’.”

The last sentence is of course childishly absurd. The countries chosen to receive rendition prisoners were chosen precisely because they were willing and able to torture them.

No official in the Bush and Obama administrations has been punished in any way for torture or other war crimes in Iraq, Afghanistan and the other countries they waged illegal war against. And, it could be added, no American bankster has been punished for their indispensable role in the world-wide financial torture they inflicted upon us all beginning in 2008. What a marvelously forgiving land is America. This, however, does not apply to Julian Assange, Edward Snowden, or Chelsea Manning.

In the last days of the Bush White House, Michael Ratner, professor at Columbia Law School and former president of the Center for Constitutional Rights, pointed out:
The only way to prevent this from happening again is to make sure that those who were responsible for the torture program pay the price for it. I don’t see how we regain our moral stature by allowing those who were intimately involved in the torture programs to simply walk off the stage and lead lives where they are not held accountable.
I’d like at this point to once again remind my dear readers of the words of the “Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment”, which was drafted by the United Nations in 1984, came into force in 1987, and ratified by the United States in 1994. Article 2, section 2 of the Convention states: “No exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability or any other public emergency, may be invoked as a justification of torture.”

Such marvelously clear, unequivocal, and principled language, to set a single standard for a world that makes it increasingly difficult for one to feel proud of humanity.

The Convention Against Torture has been and remains the supreme law of the land. It is a cornerstone of international law and a principle on a par with the prohibition against slavery and genocide.

“Mr. Snowden will not be tortured. Torture is unlawful in the United States.” – United States Attorney General Eric Holder, July 26, 2013

John Brennan, appointed by President Obama in January 2013 to be Director of the CIA, has defended “rendition” as an “absolutely vital tool”; and stated that torture had produced “life saving” intelligence.

Obama had nominated Brennan for the CIA position in 2008, but there was such an outcry in the human-rights community over Brennan’s apparent acceptance of torture, that Brennan withdrew his nomination. Barack Obama evidently learned nothing from this and appointed the man again in 2013.

During Cold War One, a common theme in the rhetoric was that the Soviets tortured people and detained them without cause, extracted phony confessions, and did the unspeakable to detainees who were helpless against the full, heartless weight of the Communist state. As much as any other evil, torture differentiated the bad guys, the Commies, from the good guys, the American people and their government. However imperfect the US system might be – we were all taught – it had civilized standards that the enemy rejected.

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.

WDTV [WV] : Obama's 'Torture' Comments Reopen 9/11 Debate

Saturday, August 02, 2014

Obama's 'Torture' Comments Reopen 9/11 Debate

from WDTV, serving north central West Virginia

Lauren McMillen | August 2, 2014

"In the immediate aftermath of 9/11, we did some things that were wrong. We did a whole lot of things that were right, but we tortured some folks"

That's what President Obama had to say after recognizing that the U.S. may have went to far in torturing al-Queda detainees.

Since in office, Obama has taken a stand against the enhanced interrogation tactics that were put into place by the Bush administration after the 9/11 attacks. But some of you believe that the harsh conditions were the only solution.

"They shouldn't have bothered us to begin with then we wouldn't have been there to torture them. You're not going to resolve anything over there. It's been going on for the beginning of time," said Jim Feeda, visiting from Pennsylvania.

"They torture us, so we have to do what we can to get the information we need to get the job done," said Cliff Fox, Harrison County resident.

This all comes on the brink on a new Senate report that is expected to be released in the coming weeks. The nearly 7,000 page report will describe in detail the CIA's treatment of terrorist suspects.

Officials expect the document will reveal that actions, like water boarding, did not help us get any further.

"We did some things that were contrary to our values," said President Obama.

Others agree that these acts violated the principles of our country and what we stand for.

"I think torturing people is something we not ought to do. I think there are other techniques we can use to get the same information. I don't know if anyone has ever shown that using torture gets more and better information," said Joe Burrman, visiting from Maryland.

Obama's comments are likely to draw heavy criticism from some Republicans and former members of the Bush administration.

Raw Story : 9/11 suspect ejected by Gitmo judge after mentioning secret CIA prisons

Tuesday, December 17, 2013

9/11 suspect ejected by Gitmo judge after mentioning secret CIA prisons

By Agence France-Presse | December 17, 2013

One of the men suspected of planning the September 11, 2001 attacks was twice ejected from a US military court Tuesday after making outbursts about secret CIA prisons and torture.

Yemeni defendant Ramzi Binalshibh, who is accused of helping the hijackers enter the United States and of financing the airliner attacks that killed nearly 3,000 people, also claimed that the judge hearing the case was biased.

Binalshibh was initially removed from the latest pre-trial hearing at Guantanamo Bay in Cuba after twice being warned by the judge that he was disrupting the proceedings.

The suspect’s departure came shortly after his lawyer suggested that guards were using sleep deprivation tactics at the US military prison’s notoriously tightly-guarded Camp Seven.

“He could not sleep at all last night because of the noise he is exposed to,” said Navy Lieutenant Commander Kevin Bogucki. “He is too tired to pay attention.”

The latest hearing for the alleged 9/11 plotters, who are eventually expected to go on trial in 2015, was screened for reporters at the Fort Meade military base in Maryland, via a closed-circuit feed.

Commander Bogucki said Binalshibh’s cell was continually subjected to banging and knocking sounds — an allegation the US government denies, but which the judge said had not been proven either way.

Having been granted a 15-minute recess to discuss whether Binalshibh understood his right to be present at Tuesday’s hearing, the suspect refused to cooperate with Judge James Pohl.

“I refuse to answer this question as long as the judge is taking a position against me and against my allegations,” said Binalshibh, who purportedly had intended to be one of the hijackers but was refused a US visa on four occasions.

After being warned that it was not his time to speak, the Yemeni suspect, whose alleged crimes include helping the hijackers find flight schools in the United States, cited the words “secret CIA prison” during a muffled speech.

Judge Pohl then told Binalshibh — who the defense insists is not delusional — that he would be removed if he did not stop talking. But the suspect continued and US military guards were instructed to take him to the court’s holding cell.

The courtroom camera cut away while Binalshibh was removed.

The other four suspects, including the self-proclaimed 9/11 mastermind Khalid Sheikh Mohammed, were also present at Tuesday’s hearing, dressed in traditional white Arab robes and desert-colored combat jackets. Unlike Binalshibh, they acknowledged their right to attend.

Ejected a second time

Following the lunch recess, Binalshibh returned to the courtroom but he again refused the judge’s request and was ejected a second time, amid shouts of “I am not a war criminal”.

“As I told you this morning, I am not going to answer your questions,” Binalshibh had told Judge Pohl seconds earlier, when pressed for a “Yes or No” answer on whether he understood his rights.

“I want to leave. It is not about yes or no. It is torture. Don’t stop me like that,” Binalshibh added, just before he was removed.

The 9/11 tribunal is taking place against a background of a political push to shut down Guantanamo.

President Barack Obama pledged to close the prison when he took office in January 2009 but has so far failed to do so, amid resistance in Congress.

Two Saudi Arabian suspects arrived back in Riyadh on Tuesday, following a US transfer that leaves Guantanamo’s population at 160.

Binalshibh and his co-conspirators are deemed “high-value” detainees by the American military.

Following their detentions, in 2002 and 2003, the five 9/11 suspects spent three years in secret Central Intelligence Agency prisons abroad where they were subjected to harsh interrogation techniques, including the simulated drowning technique known as waterboarding, a practice widely considered torture.

Mohammed was waterboarded 183 times, according to US Justice Department memos.

The pre-trial hearing on Tuesday included requests by defense lawyers to introduce evidence that their clients were tortured by their American captors.

LAT : Suspected insurgents tortured in Afghanistan, U.N. says

Tuesday, October 11, 2011

Suspected insurgents tortured in Afghanistan, U.N. says

The United Nations report says detainees have been subjected to beatings, shocks and other brutal abuses. The findings may complicate U.S. efforts to hand off security responsibilities.

By Laura King, Los Angeles Times | Reporting from Kabul, Afghanistan | October 10, 2011

Suspected insurgents in Afghan custody have been subjected to torture including electric shocks, being hung by their hands and having their genitals twisted, the United Nations mission in Afghanistan said in a report Monday.

The 74-page report, detailing a widespread pattern of brutal abuses, will probably complicate American efforts to hand over security responsibilities to Afghan authorities as a prelude to winding down the Western combat mission in Afghanistan.

"Torture is one of the most serious human rights violations under international law, a crime under Afghan law, and strictly prohibited under both laws," said Georgette Gagnon, the director of human rights for the U.N. mission. "Accountability for torture demands prosecutions and the taking of all necessary measures by Afghan authorities to prevent and end such acts in the future."

In a preemptive move, the NATO force announced last month that it had halted prisoner transfers to more than a dozen detainee centers named in the report, a draft of which was shown to American commanders. Many of the suspected fighters who end up in detention are captured in the field by U.S. and coalition forces.

The United Nations said the abuse, while routine and systematic, was not based on Afghan government policy, but rather appeared to have been carried out at the initiative of individual jailers and security officials. It added that Afghan government ministries had cooperated in the investigation and had already moved to take action against some of the officials allegedly involved.

Nonetheless, the allegations could call into question the legality of continued Western funding of training for Afghanistan's security services — another linchpin of the U.S. pullout plan. The Obama administration is withdrawing 10,000 American troops by the end of the year, with an additional 23,000 to follow in 2012.

The report, which was researched over nearly a year, ending in August, represents a setback to enormously expensive U.S.-led efforts to bring Afghanistan's criminal justice system and security practices up to something resembling international standards. The allegations also pose an immediate day-to-day practical challenge to Western officials dealing with a backlog of security suspects who cannot be handed over to Afghan officials because of the potential for abuse.

The report, based on interviews with more than 300 detainees, cited varying degrees of abuses at nearly 50 facilities in two-thirds of Afghanistan's provinces.

Most of the security detainees were suspected of affiliation with the Taliban or other insurgent groups, and the abuse was almost always aimed at wringing confessions from them about attacks on Western and Afghan troops, or operations in the planning stages.

The detainee accounts were compelling in their consistency, the report said, with prisoners asserting that abuse often escalated from beating and slapping to spending long periods suspended by their hands, sometimes culminating in electric shocks or the detainees' genitals being twisted until the prisoners passed out.

The NATO force, responding to the formal release of the findings, reiterated that it was working to "improve detention operations" and safeguard against abuses.

laura.king@latimes.com

Copyright © 2011, Los Angeles Times

Telegraph : Abu Ghraib abuse photos 'show rape'

Thursday, May 28, 2009

Abu Ghraib abuse photos 'show rape'

By Duncan Gardham, Security Correspondent and Paul Cruickshank | May 27, 2009

Photographs of alleged prisoner abuse which Barack Obama is attempting to censor include images of apparent rape and sexual abuse, it has emerged.

At least one picture shows an American soldier apparently raping a female prisoner while another is said to show a male translator raping a male detainee.

Further photographs are said to depict sexual assaults on prisoners with objects including a truncheon, wire and a phosphorescent tube.

Another apparently shows a female prisoner having her clothing forcibly removed to expose her breasts.

Detail of the content emerged from Major General Antonio Taguba, the former army officer who conducted an inquiry into the Abu Ghraib jail in Iraq.

Allegations of rape and abuse were included in his 2004 report but the fact there were photographs was never revealed. He has now confirmed their existence in an interview with the Daily Telegraph.

The graphic nature of some of the images may explain the US President’s attempts to block the release of an estimated 2,000 photographs from prisons in Iraq and Afghanistan despite an earlier promise to allow them to be published.

Maj Gen Taguba, who retired in January 2007, said he supported the President’s decision, adding: “These pictures show torture, abuse, rape and every indecency.

“I am not sure what purpose their release would serve other than a legal one and the consequence would be to imperil our troops, the only protectors of our foreign policy, when we most need them, and British troops who are trying to build security in Afghanistan.

“The mere description of these pictures is horrendous enough, take my word for it.”

In April, Mr Obama’s administration said the photographs would be released and it would be “pointless to appeal” against a court judgment in favour of the American Civil Liberties Union (ACLU).

But after lobbying from senior military figures, Mr Obama changed his mind saying they could put the safety of troops at risk.

Earlier this month, he said: “The most direct consequence of releasing them, I believe, would be to inflame anti-American public opinion and to put our troops in greater danger.”

It was thought the images were similar to those leaked five years ago, which showed naked and bloody prisoners being intimidated by dogs, dragged around on a leash, piled into a human pyramid and hooded and attached to wires.

Mr Obama seemed to reinforce that view by adding: “I want to emphasise that these photos that were requested in this case are not particularly sensational, especially when compared to the painful images that we remember from Abu Ghraib.”

The latest photographs relate to 400 cases of alleged abuse between 2001 and 2005 in Abu Ghraib and six other prisons. Mr Obama said the individuals involved had been “identified, and appropriate actions” taken.

Maj Gen Taguba’s internal inquiry into the abuse at Abu Ghraib, included sworn statements by 13 detainees, which, he said in the report, he found “credible based on the clarity of their statements and supporting evidence provided by other witnesses.”

Among the graphic statements, which were later released under US freedom of information laws, is that of Kasim Mehaddi Hilas in which he says: “I saw [name of a translator] ******* a kid, his age would be about 15 to 18 years. The kid was hurting very bad and they covered all the doors with sheets. Then when I heard screaming I climbed the door because on top it wasn’t covered and I saw [name] who was wearing the military uniform, putting his **** in the little kid’s ***…. and the female soldier was taking pictures.”

The translator was an American Egyptian who is now the subject of a civil court case in the US.

Three detainees, including the alleged victim, refer to the use of a phosphorescent tube in the sexual abuse and another to the use of wire, while the victim also refers to part of a policeman’s “stick” all of which were apparently photographed.

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.

Observer : UK agents 'colluded with torture in Pakistan'

Saturday, February 21, 2009

UK agents 'colluded with torture in Pakistan'

• Intelligence sources 'confirm abuse'
• Extent of Mohamed injuries revealed


Mark Townsend | The Observer | February 22, 2009

A shocking new report alleges widespread complicity between British security agents and their Pakistani counterparts who have routinely engaged in the torture of suspects.

In the study, which will be published next month by the civil liberties group Human Rights Watch, at least 10 Britons are identified who have been allegedly tortured in Pakistan and subsequently questioned by UK intelligence officials. It warns that more British cases may surface and that the issue of Pakistani terrorism suspects interrogated by British agents is likely to "run much deeper".

The report will further embarrass the foreign secretary, David Miliband, who has repeatedly said the UK does not condone torture. He has been under fire for refusing to disclose US documents relating to the treatment of Guantánamo detainee and former British resident Binyam Mohamed. The documents are believed to contain evidence about the torture of Mohamed and British complicity in his maltreatment. Mohamed will return to Britain this week. Doctors who examined him in Guantánamo found evidence of prolonged physical and mental mistreatment.

Ali Dayan Hasan, who led the Pakistan-based inquiry, said sources within the country's Inter-Services Intelligence agency (ISI), the Intelligence Bureau and the military security services had provided "confirmation and information" relating to British collusion in the interrogation of terrorism suspects.

Hasan said the Human Rights Watch (HRW) evidence collated from Pakistan intelligence officials indicated a "systemic" modus operandi among British security services, involving a significant number of UK agents from MI5 rather than maverick elements. Different agents were deployed to interview different suspects, many of whom alleged that prior to interrogation by British officials they were tortured by Pakistani agents.

Among the 10 identified cases of British citizens and residents mentioned in the report is Rangzieb Ahmed, 33, from Rochdale, who claims he was tortured by Pakistani intelligence agents before being questioned by two MI5 officers. Ahmed was convicted of being a member of al-Qaida at Manchester crown court, yet the jury was not told that three of the fingernails of his left hand had been removed. The response from MI5 to the allegations that it had colluded in Ahmed's torture were heard in camera, however, after the press and the public were excluded from the proceedings. Ahmed's description of the cell in which he claims he was tortured closely matches that where Salahuddin Amin, 33, from Luton, says he was tortured by ISI officers between interviews with MI5 officers.

Zeeshan Siddiqui, 25, from London, who was detained in Pakistan in 2005, also claims he was interviewed by British intelligence agents during a period in which he was tortured.

Other cases include that of a London medical student who was detained in Karachi and tortured after the July 2005 attacks in London. Another case involving Britons allegedly tortured in Pakistan and questioned by UK agents involves a British Hizb ut-Tahrir supporter.

Rashid Rauf, from Birmingham, was detained in Pakistan and questioned over suspected terrorist activity in 2006. He was reportedly killed after a US drone attack in Pakistan's tribal regions, though his body has never been found.

Hasan said: "What the research suggests is that these are not incidents involving one particular rogue officer or two, but rather an array of individuals involved over a period of several years.

"The issue is not just British complicity in the torture of British citizens, it is the issue of British complicity in the torture period. We know of at least 10 cases, but the complicity probably runs much deeper because it involves a series of terrorism suspects who are Pakistani. This is the heart of the matter.

"They are not the same individuals [MI5 officers] all the time. I know that the people who have gone to see Siddiqui in Peshawar are not the same people who have seen Ahmed in Rawalpindi."

Last night the government faced calls to clarify precisely its relationship with Pakistan's intelligence agencies, which are known to routinely use torture.

A Foreign Office spokesman said that an investigation by the British security services had revealed "there is nothing to suggest they have engaged in torture in Pakistan". He added: "Our policy is not to participate in, solicit, encourage or condone the use of torture, or inhumane or degrading treatment, for any purpose."

But former shadow home secretary David Davis said the claims from Pakistan served to "reinforce" allegations that UK authorities, at the very least, ignored Pakistani torture techniques.

"The British agencies can no longer pretend that 'Hear no evil, see no evil' is applicable in the modern world," he added.

Last week HRW submitted evidence to parliament's Joint Committee on Human Rights. The committee is to question Miliband and Jacqui Smith, the home secretary, over a legal loophole which appears to offer British intelligence officers immunity in the UK for any crimes committed overseas.

It has also emerged that New York-based HRW detailed its concerns in a letter to the UK government last October but has yet to receive a response.

The letter arrived at the same time that the Attorney General was tasked with deciding if Scotland Yard should begin a criminal investigation into British security agents' treatment of Binyam Mohamed. Crown prosecutors are currently weighing up the evidence.

Hasan said that evidence indicated a considerable number of UK officers were involved in interviewing terrorism suspects after they were allegedly tortured. He told the Observer: "We don't know who the individuals [British intelligence officers] were, but when you have different personnel coming in and behaving in a similar fashion it implies some level of systemic approach to the situation, rather than one eager beaver deciding it is absolutely fine for someone to be beaten or hung upside down."

He accused British intelligence officers of turning a blind eye as UK citizens endured torture at the hands of Pakistan's intelligence agencies.

"They [the British] have met the suspect ... and have conspicuously failed to notice that someone is in a state of high physical distress, showing signs of injury. If you are a secret service agent and fail to notice that their fingernails are missing, you ought to be fired."

Britain's former chief legal adviser, Lord Goldsmith, said that the Foreign Office would want to examine any British involvement in torture allegations very carefully and, if necessary, bring individuals "to book" to ensure such behaviour was "eradicated".

Reuters : Senate report ties Rumsfeld to Abu Ghraib abuse

Friday, December 12, 2008

Senate report ties Rumsfeld to Abu Ghraib abuse

By David Morgan | December 11, 2008

WASHINGTON (Reuters) - Former Defense Secretary Donald Rumsfeld and other senior U.S. officials share much of the blame for detainee abuse at Abu Ghraib prison in Iraq, and Guantanamo Bay, Cuba, according to portions of a report released on Thursday by the Senate Armed Services Committee.

The report's executive summary, made public by the committee's Democratic chairman Sen. Carl Levin of Michigan and its top Republican Sen. John McCain of Arizona, said Rumsfeld contributed to the abuse by authorizing aggressive interrogation techniques at Guantanamo Bay on December 2, 2002.

He rescinded the authorization six weeks later. But the report said word of his approval continued to spread within U.S. military circles and encouraged the use of harsh techniques as far away as Iraq and Afghanistan.

The report concluded that Rumsfeld's actions were "a direct cause of detainee abuse" at Guantanamo and "influenced and contributed to the use of abusive techniques ... in Afghanistan and Iraq."

"The abuse of detainees at Abu Ghraib in late 2003 was not simply the result of a few soldiers acting on their own," the executive summary said.

"Interrogation techniques such as stripping detainees of their clothes, placing them in stress positions and using military working dogs to intimidate them appeared in Iraq only after they had been approved for use in Afghanistan and at (Guantanamo)."

The detainee scandal at Abu Ghraib and later revelations of aggressive U.S. interrogations such as "waterboarding" led to an international outcry and charges that the United States allowed prisoners to be tortured, a claim denied by the Bush administration.

The Bush administration has since recanted the policies under pressure from Congress, while President-elect Barack Obama has vowed to close the U.S. military prison at Guantanamo Bay.

The report found that the military derived the techniques from a Survival Evasion Resistance and Escape program, or SERE, which trains U.S. soldiers to resist enemy interrogation that does not conform to the Geneva Conventions or international law.

"These policies are wrong and must never be repeated," McCain, who last month ended an unsuccessful bid for the White House, said in a statement released with the executive summary.

McCain said the report revealed an "inexcusable link between abusive interrogation techniques used by our enemies who ignored the Geneva Conventions and interrogation policy for detainees in U.S. custody."

The full report, billed as the most thorough examination of U.S. military detainee policy by Congress, remains classified.

Committee staff said the full report was approved on November 20 in a unanimous voice vote by 17 of the panel's 25 members. The panel consists of 13 Democrats and 12 Republicans.

The executive summary also traces the erosion of detainee treatment standards to a Feb,. 7, 2002, memorandum signed by President George W. Bush stating that the Geneva Convention did not apply to the U.S. war with al Qaeda and that Taliban detainees were not entitled to prisoner of war status or legal protections.

"The president's order closed off application of Common Article 3 of the Geneva Conventions, which would have afforded minimum standards for humane treatment," the summary said.

Members of Bush's Cabinet and other senior officials participated in meetings inside the White House in 2002 and 2003 where specific interrogation techniques were discussed, according to the report.

The committee also blamed former Chairman of the U.S. Joint Chiefs of Staff Gen. Richard Myers for undermining the military's review of interrogation methods.

© Thomson Reuters 2008 All rights reserved

Mercury News : Obama advisers: No charges likely vs interrogators

Tuesday, November 18, 2008

Obama advisers: No charges likely vs interrogators

By LARA JAKES JORDAN | Associated Press Writer | November 17, 2008

WASHINGTON — Barack Obama's incoming administration is unlikely to bring criminal charges against government officials who authorized or engaged in harsh interrogations of suspected terrorists during the George W. Bush presidency. Obama, who has criticized the use of torture, is being urged by some constitutional scholars and human rights groups to investigate possible war crimes by the Bush administration.

Two Obama advisers said there's little—if any—chance that the incoming president's Justice Department will go after anyone involved in authorizing or carrying out interrogations that provoked worldwide outrage.

The advisers spoke on condition of anonymity because the plans are still tentative. A spokesman for Obama's transition team did not respond to requests for comment Monday.

Additionally, the question of whether to prosecute may never become an issue if Bush issues pre-emptive pardons to protect those involved.

Obama has committed to reviewing interrogations on al-Qaida and other terror suspects. After he takes office in January, Obama is expected to create a panel modeled after the 9/11 Commission to study interrogations, including those using waterboarding and other tactics that critics call torture. The panel's findings would be used to ensure that future interrogations are undisputedly legal.

"I have said repeatedly that America doesn't torture, and I'm going to make sure that we don't torture," Obama said Sunday on CBS' "60 Minutes." "Those are part and parcel of an effort to regain America's moral stature in the world."

Obama's most ardent supporters are split on whether he should prosecute Bush officials.

Asked this weekend during a Vermont Public Radio interview if Bush administration officials would face war crimes, Senate Judiciary Chairman Patrick Leahy flatly said, "In the United States, no."

"These things are not going to happen," said Leahy, D-Vt.

Robert Litt, a former top Clinton administration Justice Department prosecutor, said Obama should focus on moving forward with anti-torture policy instead of looking back.

"Both for policy and political reasons, it would not be beneficial to spend a lot of time hauling people up before Congress or before grand juries and going over what went on," Litt said at a Brookings Institution discussion about Obama's legal policy. "To as great of an extent we can say, the last eight years are over, now we can move forward—that would be beneficial both to the country and the president, politically."

But Michael Ratner, a professor at Columbia Law School and president of the Center for Constitutional Rights, said prosecuting Bush officials is necessary to set future anti-torture policy.

"The only way to prevent this from happening again is to make sure that those who were responsible for the torture program pay the price for it," Ratner said. "I don't see how we regain our moral stature by allowing those who were intimately involved in the torture programs to simply walk off the stage and lead lives where they are not held accountable."

In the years after the Sept. 11, 2001, terror attacks, the White House authorized U.S. interrogators to use harsh tactics on captured al-Qaida and Taliban suspects. Bush officials relied on a 2002 Justice Department legal memo to assert that its interrogations did not amount to torture—and therefore did not violate U.S. or international laws. That memo has since been rescinded.

At least three top al-Qaida operatives—including 9/11 mastermind Khalid Sheik Mohammed—were waterboarded in 2002 and 2003 because of intelligence officials' belief that more attacks were imminent. Waterboarding creates the sensation of drowning, and has been traced back hundreds of years and is condemned by nations worldwide.

Bush could take the issue of criminal charges off the table with one stroke of his pardons pen.

Whether Bush will protect his top aides and interrogators with a pre-emptive pardon—before they are ever charged—has become a hot topic of discussion in legal and political circles in the administration's waning days. White House deputy press secretary Tony Fratto declined to comment on the issue.

Under the Constitution, the president's power to issue pardons is absolute and cannot be overruled.

Pre-emptive pardons would be highly controversial, but former White House counsel Arthur B. Culvahouse Jr. said it would protect those who were following orders or otherwise trying to protect the nation.

"I know of no one who acted in reckless disregard of U.S. law or international law," said Culvahouse, who served under President Ronald Reagan. "It's just not good for the intelligence community and the defense community to have people in the field, under exigent circumstances, being told these are the rules, to be exposed months and years after the fact to criminal prosecution."

The Federalist Papers discourage presidents from pardoning themselves. It took former President Gerald Ford to clear former President Richard Nixon of wrongdoing in the 1972 Watergate break-in.

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.”

Harper's : Six Questions for Jane Mayer, Author of The Dark Side

Tuesday, July 15, 2008

Six Questions for Jane Mayer, Author of The Dark Side

By Scott Horton | July 14, 2008

In a series of gripping articles, Jane Mayer has chronicled the Bush Administration’s grim and furtive dealings with torture and has exposed both the individuals within the administration who “made it happen” (a group that starts with Vice President Cheney and his chief of staff, David Addington), the team of psychologists who put together the palette of techniques, and the Fox television program “24,” which was developed to help sell it to the American public. In a new book, The Dark Side, Mayer puts together the major conclusions from her articles and fills in a number of important gaps. Most significantly, we learn the details on the torture techniques and the drama behind the fierce and lingering struggle within the administration over torture, and we learn that many within the administration recognized the potential criminal accountability they faced over these torture tactics and moved frantically to protect themselves from possible future prosecution. I put six questions to Jane Mayer on the subject of her book, The Dark Side.

1. Reports have circulated for some time that the Red Cross examination of the CIA’s highly coercive interrogation regime—what President Bush likes to call “The Program”—concluded that it was “tantamount to torture.” But you write that the Red Cross categorically described the program as “torture.” The Red Cross is notoriously tight-lipped about its reports, and you do not cite your source or even note that you examined the report. Do you believe that the threat of criminal prosecution drove the Bush Administration’s crafting of the Military Commissions Act?


Whether anyone involved in the Bush Administration’s interrogation and detention program will be prosecuted is as much a political question as a legal one. Right now in Italy the CIA agents involved in the rendition of Abu Omar are facing criminal charges, which is obviously an unmitigated nightmare for the Bush Administration. But to get that far it took an extraordinarily independent and politically fearless local prosecutor, Armando Spataro. I may be wrong, but I personally doubt there will be large-scale legal repercussions inside America for those who devised and implemented “The Program.” Activists will be angry at me for saying this, but as someone who has covered politics in Washington, D.C., for two decades, I would be surprised if there is the political appetite for going after public servants who convinced themselves that they were acting in the best interests of the country, and had legal authority to do so. An additional complicating factor is that key members of Congress sanctioned this program, so many of those who might ordinarily be counted on to lead the charge are themselves compromised.

Much will depend on who the next president and attorney general are, and how much pressure they feel. At the very least, as a journalist, I hope that the records are opened, and all the legal memos released (several crucial ones remain secret) so that the country can learn its own history here. My guess is that the real accountability for President Bush will be in the history books, not the court room.

As for the damning Red Cross report, as I make clear to readers in the book, I have not personally read it, because as you say, it is very closely held. I have instead relied upon multiple sources who are knowledgeable about it. Adding to the confidence I have concerning it is the specificity, and consistency of the details, as well as confirmation I was able to get from additional independent sources familiar with the treatment of the detainees. For instance, Abu Zubayda claimed to have been locked in a tiny cage, in which he had to remain doubled up for long periods of time, prior to the period when he was waterboarded. This account—which he gave to the International Committee of the Red Cross (ICRC)—was confirmed to me independently by a former CIA officer familiar with his interrogation. It also is consistent with the chronology of legal actions taken inside the Justice Department. Incidentally, being caged only made him angry, according to the former CIA source. The sadistic treatment of Abu Zubayda also seems to have affected him psychologically in bizarre ways. Two sources said that he became sexually obsessive, masturbating so much his captors feared he would injure himself. One described him as acting “like a monkey at the zoo.” A physician was called in for consultation—one of many instances in which health professionals have played truly disturbing roles in this program. (I personally feel that the medical and psychological professionals who have used their skills to further a program designed to cause pain and suffering should be a high priority in terms of accountability. It has long been a ghastly aspect of torture, worldwide, that doctors and other medical professionals often assist. The licensing boards and professional societies are worthless, in my view, if they don’t demand serious investigations of such unethical uses of science.)

The reaction of top Bush Administration officials to the ICRC report, from what I can gather, has been defensive and dismissive. They reject the ICRC’s legal analysis as incorrect. Yet my reporting shows that inside the White House there has been growing fear of criminal prosecution, particularly after the Supreme Court ruled in the Hamdan case that the Geneva Conventions applied to the treatment of the detainees. This nervousness resulted in the successful effort to add retroactive immunity to the Military Commission Act. Cheney personally spearheaded this effort. Fear of the consequences of exposure also weighed heavily in discussions about whether to shut the CIA program down. In White House meetings, Cheney warned that if they transferred the CIA’s prisoners to Guantanamo, “people will want to know where they have been—and what we’ve been doing with them.” Alberto Gonzales, a source said, “scared” everyone about the possibility of war crimes prosecutions. It was on their minds.

2. You have patiently traced the torture techniques used by the CIA back to two psychologists, James Mitchell and John Bruce Jessen—you describe them as ”good looking, clean-cut, polite Mormons”—who reverse-engineered their techniques out of the SERE (survival, evasion, resistance, escape) program used to train U.S. pilots in self-defense. In Dark Side, you identify an approach called “Learned Helplessness” as the model they used, and you note that its author, Prof. Martin Seligman, made a visit to the SERE school and spoke with Mitchell and Jessen as the program was being formed. Seligman is a former president of the American Psychological Association (APA), which is the sole association of health care professionals to buck condemnation of “The Program” and to resist calls that its members not be involved in it. Do you believe that Seligman’s proximity to the torture program helps explain the difficulty that APA has in rejecting it?


Central… was the work of one of America’s best-known and most successful psychologists, Martin Seligman, the former president of the American Psychological Association… Seligman and colleagues at the University of Pennsylvania pioneered work on a theory he called “Learned Helplessness.” He did experiments with dogs in which he used electric shocks to destroy their will to escape… In the spring of 2002, the period during which the CIA was probing what it could do to Zubaydah, Seligman was invited by the CIA to speak at the Navy’s SERE school in San Diego. According to… and Air Force colonel… “Learned Helplessness was his whole paradigm… It starts with isolation. They they eliminate the prisoner’s ability to forecast the future… It creates dread and dependency. It was the KGB model.”
—From The Dark Side


It was completely fascinating to me to learn that Martin Seligman, one of the most esteemed psychologists in the country, a former head of the APA, was connected to the CIA after 9/11. Seligman is known for work he did back in the 1960’s at the University of Pennsylvania in a theory he called “Learned Helplessness.” He and colleagues conducted experiments on caged dogs, in which they used electric charges to shock them randomly. He discovered that the random mistreatment destroyed the dogs emotionally to the point where they no longer had the will to escape, even when offered a way out. Seligman confirmed for me, by email, that in the spring of 2002, as the CIA was trying to figure out how to interrogate its first major high-value detainee, Abu Zubayda, he was brought in to speak about his theories to a high-level confab apparently organized by CIA officials, at the Navy’s SERE School in San Diego. He said his talk lasted some three hours. Seligman said his talk was focused on how to help U.S. soldiers resist torture—not on how to breakdown resistance in detainees.

But, according to numerous sources (who are quoted on the record in The Dark Side), Seligman’s theories were cited admiringly soon after by James Mitchell, the psychologist whom the CIA put on contract to advise on its secret interrogation protocol. Eyewitnesses describe Mitchell as quoting Seligman’s theories of “Learned Helplessness” as useful in showing how to break the resistance of detainees’ to interrogation. One source recounts Mitchell specifically touting the experiments done on dogs in the context of how to treat detainees.

Through a lawyer, Mitchell has denied that these theories guided his and the CIA’s use of such coercive measures as close confinement, psychological manipulation, and calibrated pain. But Mitchell confirmed, when I spoke to him, that he admired Seligman’s work.

Among the U.S. Government’s interrogation techniques that seem to echo these experiments are the uses of random maltreatment—taking away any predictable schedule from detainees so that they have no idea what time it is, no sense of when meals are delivered, no idea if it is day or night, as well as manipulating temperature, sound, sleep, and using isolation, all of which are meant to cause psychic stress that would erode a prisoner’s resistance to being interrogated and foster total dependency upon an interrogator. Perhaps just coincidentally, the detainees have described other ways in which they were treated like dogs—the use of dog cages and of a collar and leash.

3. This week Scott McClellan, Bush’s press secretary, so famous for pronouncing that “we do not torture,” issued a retraction in an interview with ABC’s Jake Tapper, admitting that he could not “honestly deny” the Administration’s acceptance and use of torture techniques. President Bush has specifically defended the program with a series of claims concerning Abu Zubaydah. Do his claims stand up to scrutiny?

President Bush has repeatedly defended the need to use “enhanced interrogations” in order to get life-saving intelligence, and has pointed to Abu Zubayda’s case as an example. I went over the claims in this case carefully, and found them highly dubious. Bush claimed three breakthroughs from coercive tactics used on Abu Zubayda.

First, he said, Abu Zubayda told the CIA that Khalid Sheikh Mohammed was the terrorist behind the 9/11 plot. But, if one reads the 9/11 Commission’s detailed report on what information had reached the CIA prior to the 9/11 attacks, it is clear that the CIA already had this information.

Second, President Bush said that Abu Zubayda revealed that an American-born Al Qaeda figure was on his way to attack America. This is widely understood to be a reference to Jose Padilla. But numerous published accounts indicate that Abu Zubayda gave this information to interrogators prior to being physically coerced. So it’s not accurate to describe it as an argument for coercion.

Third, the President said Abu Zubayda gave up information leading to the capture of another top Al Qaeda terrorist, Ramsi Bin Al Shibh. But circumstantial evidence, as well as previously published accounts, suggest that Bin Al Shibh was more likely located by the United States as the result of an interview he gave to Al Jazeera.

Meanwhile, although President Bush has argued that “enhanced” interrogation had led to numerous breakthroughs he has never publicly acknowledged the false and fabricated intelligence it has yielded, too. One former top CIA official told me, “Ninety percent of what we got was crap.”

4. You spend more time showing how the torture process compromised lawyers than how it compromised health care professionals. One of the more revealing cases involves Jessica Radack, a young career attorney in the Justice Department’s Honors Program, who dispensed ethics advice concerning plans for the interrogation of John Walker Lindh. It seems that her advice was contrary to the ethical views of senior Bush Administration lawyers, and you note that when a federal judge demanded to see the internal Department of Justice records relating to the matter, all of Radack’s emails, including the advice actually dispensed, had been deleted and the hard copies removed, and none of this was furnished to the court. Did the Justice Department ever undertake an internal probe into the obstruction?

Radack was in some ways an early guinea pig showing how high the costs were for anyone—including administration lawyers—who dissented from the Bush Administration’s determination to rewrite the rules for the treatment of terrorists. Her job in the department was to give ethical advice. She was asked whether an FBI officer in Afghanistan could interrogate John Walker Lindh and use his statements against him in any future trial. By the time she was asked this, however, as she knew, Lindh’s father had already hired a lawyer to represent him. So she concluded that it would not be proper for the FBI to question him outside the presence of his counsel.

To her amazement, the FBI agent went ahead and did so anyway, and then the prosecutors in the Justice Department proceeded to use Lindh’s statements against him in their criminal prosecution. She told me, “It was like ethics were out the window. After 9/11, it was, like, ‘anything goes’ in the name of terrorism. It felt like they’d made up their minds to get him, regardless of the process.” Radack believed that the role of the ethics office was to “rein in the cowboys” whose zeal to stop criminals sometimes led them to overstep legal boundaries. “But after 9/11 we were bending ethics to fit our needs,” she said. “Something wrong was going on. It wasn’t just fishy—it stank.”

What happened next was truly scary. She tried to ensure that a judge overseeing the case, who asked for all information regarding the Department’s handling of Lindh, was given the full record, including her own contrary advice. But instead, she said she found that her superiors at Justice sent the judge only selective portions of the record, excluding her contrary opinion. Her case files, she said, were tampered with, and documents missing. Among the senior Justice Department officials who were sent her files, she said was Alice Fisher, a deputy to Michael Chertoff who followed him as head of the Department’s Criminal Division.

Michael Chertoff, who was the head of the Justice Department’s Criminal Division when Zubayda was caught, downplayed his role… But according to a top CIA official directly involved at the time, as well as a former top Justice Department official involved in a secondhand war, Chertoff was consulted extensively about detainees’ treatment. The former senior Agency official said with disgust, “Chertoff, and Gonzales, and all these other guys act like they know nothing about this now, but they were all in the room. They’re moonwalking backwards so fast, Michael Jackson would be proud of them.”
—From The Dark Side


Radack complained about what she thought were serious omissions of the record being withheld from the judge. Within weeks of disagreeing with the top Justice Department officials, Radack went from having been singled out for praise, to being hounded out of the department. Radack got a job in private practice, but after her story appeared in Newsweek, with copies of some of her emails, the Justice Department opened a leak investigation. The U.S. Attorney then opened a criminal investigation. Radack has since become an advocate for whistle-blowers’ rights. But the episode served as a warning to anyone in the government who stood in the way of the so-called, “New Paradigm.” It is unclear to me what sort of investigation, if any, there has been of this case, including of the potential obstruction.

5. In a recent speech in Boston, Attorney General Mukasey tried to excuse John Yoo, David Addington, and other key players in the Bush Administration torture team by arguing they were operating under intense pressure and were motivated only by a desire to protect the country. But isn’t it obvious that the “War Council” seized upon 9/11 and the war mood that prevailed in its wake as an opportunity to test-pilot their constitutionally-untenable views of presidential power and authority and the irrelevance of international law?

After interviewing hundreds of sources in and around the Bush White House, I think it is clear that many of the legal steps taken by the so-called “War Council” were less a “New Paradigm,” as Alberto Gonzales dubbed it, than an old political wish list, consisting of grievances that Cheney and his legal adviser, David Addington, had been compiling for decades. Cheney in particular had been chafing at the post-Watergate reforms, and had longed to restore the executive branch powers Nixon had assumed, constituting what historian Arthur Schlesinger Jr. called “the Imperial Presidency.”

Before September 11, 2001, these extreme political positions would not have stood a change of being instituted—they would never have survived democratic scrutiny. But by September 12, 2001, President Bush and Vice President Cheney were extraordinarily empowered. Political opposition evaporated as critics feared being labeled anti-patriotic or worse. It’s a familiar dynamic in American history—not unlike the shameful abridgement of civil liberties represented by FDR’s internment of Americans of Japanese ancestry. One of the strongest quotes in the book, I think, comes from Philip Zelikow, the former executive director of the 9/11 Commission, former counselor to Secretary of State Condi Rice, and a historian who teaches at the University of Virginia. He suggests in time that America’s descent into torture will be viewed like the internment of the Japanese, because they happened for similar reasons. As he puts it, “Fear and anxiety were exploited by zealots and fools.”

6. One of the lingering mysteries in Washington has been what happened to the CIA internal probe into homicides involving the program. You note that CIA Inspector General (IG) John Helgerson undertook a study and initially concluded, just as the Red Cross and most legal authorities in the United States and around the world, that the program was illegal and raised serious war crimes issues. Helgerson was summoned repeatedly to meet privately with Vice President Cheney, the man who provided the impetus for the program, and it appears as a result of these meetings the IG’s report was simply shut down. Would those probes have brought into question the Justice Department’s specific approval of torture techniques used by the CIA–approval that involved not just John Yoo, but much more specifically Michael Chertoff and Alice Fisher, the two figures who ran the criminal division?

The fact that John Helgerson—the inspector general at the CIA who is supposed to act as an independent watchdog—was called in by Cheney to discuss his tough report in 2004 is definitely surprising news. Asked for comment, Helgerson through the CIA spokesman denied he felt pressured in any way by Cheney. But others I interviewed have described the IG’s office to me as extremely politicized. They have also suggested it was very unusual that the Vice President interjected himself into the work of the IG. Fred Hitz, who had the same post in previous administrations, told me that no vice president had ever met with him. He thought it highly unusual.

Helgerson’s 2004 report had been described to me as very disturbing, the size of two Manhattan phone books, and full of terrible descriptions of mistreatment. The confirmation that Helgerson was called in to talk with Cheney about it proves that–as early as then–the Vice President’s office was fully aware that there were allegations of serious wrongdoing in The Program.

We know that in addition, the IG investigated several alleged homicides involving CIA detainees, and that Helgerson’s office forwarded several to the Justice Department for further consideration and potential prosecution. The only case so far that has been prosecuted in the criminal courts is that involving David Passaro—a low-level CIA contractor, not a full official in the Agency. Why have there been no charges filed? It’s a question to which one would expect that Congress and the public would like some answers. Sources suggested to me that, as you imply, it is highly uncomfortable for top Bush Justice officials to prosecute these cases because, inevitably, it means shining a light on what those same officials sanctioned. Chertoff’s role in particular seems ripe for investigation. Alice Fisher’s role also seems of interest. Much remains to be uncovered.

Reuters : Cheney aide subpoenaed to testify to Congress

Thursday, May 08, 2008

Cheney aide subpoenaed to testify to Congress

By Thomas Ferraro | May 7, 2008

WASHINGTON (Reuters) - U.S. Vice President Dick Cheney's chief of staff was subpoenaed on Wednesday to testify in a congressional probe of the administration's treatment and possible torture of enemy combatants.

House of Representatives Judiciary Committee Chairman John Conyers, a Michigan Democrat, issued the subpoena to David Addington a day after it was authorized by a House panel.

The administration contends its aides can not be forced to testify. But Addington has indicated he may do so if subpoenaed, congressional staffers said.

Megan Mitchell, spokeswoman for the vice president's office, said, "I can confirm that we have received the subpoena. We are reviewing it and will respond accordingly."

The subpoena orders Addington to appear on June 26 before the House Judiciary's subcommittee on the Constitution, Civil Rights and Civil Liberties, which is examining the administration's treatment of detainees.

Addington reportedly played a key role in drafting U.S. strategies to combat terrorism after the September 11 attacks on the United States.

Bush maintains the United States does not torture, but he has refused to discuss interrogation techniques, saying he does not want to tip off the enemy.

The CIA has acknowledged using a simulated drowning technique known as waterboarding on three terrorism suspects, but says it stopped using that method in 2003.

Waterboarding has been condemned by human rights groups, foreign countries and many U.S. lawmakers as torture.

Former Attorney General John Ashcroft and John Yoo, a former deputy assistant attorney general, have agreed to testify before the Judiciary subcommittee.

Bush has invoked executive privilege in rejecting congressional subpoenas for a number of current and former aides, many sought in a probe of the firing in 2006 of nine federal prosecutors.

In March, the House Judiciary Committee filed suit in U.S. District Court asking it to direct White House Chief of Staff Josh Bolten to produce subpoenaed documents and order former White House counsel Harriet Miers to comply with a subpoena and testify about the ousted prosecutors.

A ruling is not expected for at least several months.

(Additional reporting by Tabassum Zakaria)

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