You Don't Have To Believe Me, Unless You Want To Believe Me, But Its Real....So Real

When I got a chance to look at the CIA's IG report for the first time today at the Washington Independent's website I almost immediately noticed two things, one of which may not be a big deal, the other one is almost certainly a big deal.

Here was the first thing I noticed.

Several months earlier, in late 2001, CIA had tasked an independent contractor psychologist who had [redacted] experience in the U.S. Air Force's Survival, Evastion, Resistance, and Escape (SERE) training program, to research and write a paper on Al-Qa'ida resistence to interrogation techniques.

Now honestly I might just be uninformed about this issue but I, personally, didn't know until now that the CIA had set out to try to figure out ways to overcome Al Qa'ida's resistance to interrogation techniques torture so early on in the game. I mean basically at best if we captured Al Qa'ida operatives right after 9-11 and this edict came down at the end of 2001 then that means in the intervening 3 months basically the CIA found that these operatives were impervious to normal and accepted means of interrogation and were already looking to up the ante.

The problem, of course, is that even on the face of it this doesn't add up. It goes to a point I made a few months back and that is that the whole justification for supposed "Enhanced Interrogation Techniques" was that they were supposed to be used when traditional methods of interrogation failed. But that clearly couldn't have been the case with Khalid Sheik Muhammed because he was waterboarded 183 times in the first month of us having him in custody. It didn't appear to be the case with Abu Zubaydah either who was supposedly the first high value target to be waterboarded. And in this passage in the IG report it would seem that the third man who was waterboarded, Al Nashiri,also wasn't given the opportunity to cooperate before EITs or torture take your pick, were employed.

The interrogation of Al-Nashiri proceeded after [redacted] the necessary Headquarters authorization [redacted] psychologist/interrogators began Al-Nashiri's interrogation using EITs immediately upon his arrival.

Now everyone knows that there is something seriously fishy that is connected to Al-Nahsiri because you hardly ever hear the current administration or the previous administration even mention this guy as one of the people who were waterboarded. Instead they just focus on Abu Zubaydah and KSM. Hopefully one day we will get to the bottom of what actually happened to him. I suspect that he might not have been who they thought was which would be terribly embarrassing if it got out that they waterboarded an innocent man.

The second thing I found was this passage about waterboarding and why the interrogators were not going strictly by the OLC memo guidelines as to how it would be administered. (thanks for the transcription Attackerman)

OIG’s [Office of the Inspector General's] review of the videotapes revealed that the waterboard technique employed at [REDACTED] was different from the technique as described in the DoJ opinion and used in the SERE training. The difference was in the manner in which the detainee’s breathing was obstructed. At the SERE School and in the DoJ opinion, the subject’s airflow is disrupted by the firm application of a damp cloth over the air passages; the interrogator applies a small amount of water to the cloth in a controlled manner. By contest, the Agency interrogator [REDACTED] continuously applied large volumes of water to a cloth that covered the detainee’s mouth and nose. One of the psychologists/interrogators acknowledged that the Agency’s use of the technique differed from that used in SERE training and explained that the Agency’s technique is different because it is “for real” and is more poignant and convincing.

Now this is vital information for two different reasons.

The first reason its important is a legal one. When asked about the difference between what the OLC and DOJ memos outlined as being acceptable as waterboarding and what the psychologists and interrogators were doing in practice, at least one of those psychologists/interrogators acknowledged that not only was there a difference, but that it was also entirely intentional. Im no legal scholar but that sounds pretty much like an admission of guilty to a layman. Especially when this unnamed person invoked the words "for real" to describe the difference. I don't see a way that someone can explain away these psychologists/interrogators disregarding the already flawed OLC memos in order to intentionally treat the detainees in an even more harsh manner than was laid out for them. So it would appear that the Special Prosecutor whom Attorney General Eric Holder just chose to investigate torture will have some pretty nice targets right off the bat.

The second reason this is important is purely political and I make no apologies for that. For months torture apologists like Sean Hannity, Ann Coulter, Rush Limbaugh and Liz Cheney, just to name a few, hid behind our troops to try to make a bogus argument that waterboarding was not torture. Their meme which got repeated time and time again on FoxNews and in the wingnut blogosphere is that "it couldn't be torture because we do it to our own members of the military". Many of them took it further and tried to paint anyone who rightly labeled waterboarding as torture, as it has been prosecuted as such for decades, to be claiming that we also tortured our men and women in the military. Even for the GOP this was a particularly disgusting attack in their attempt to excuse the rancid bullshit that was perpetrated by the Bush administration, supposedly in the name of national security.

Well no longer can they make such a claim when it comes to what we did with these detainees. Not only did the CIA Inspector General observe for himself that they were not following the guidelines to waterboard a detainee as was proscribed in the OLC memos which were cribbed from SERE school teachings, at least one of the persons participating in the waterboarding acknowledged that it wasn't the same thing because with the detainees it was "for real".

Now the next step is that when liberals or progressives of Democratic members of Congress go on any cable news shows or Sunday talk shows to talk about demanding accountability for torture, they need to familiarize themselves with the information in this document. No longer should they allow Republicans and Conservatives to try to frame this issue as being not a big deal. I understand that we have our plates full with health care reform but if there was ever a time to demand accountability from the Bush administration I think its now. We have to try to strike when the iron is hot in my honest opinion. And we have to be armed with the facts not as we see them but as they are spelled out in this CIA IG report.

I will be posting more on the report as I comb through it.

Rule Of Law Is For Suckers

CIA Director Leon Panetta takes to the Washinton Post to write an op-ed in pursuit of the Peggy Noonan view of Congressional oversight, when they see something illegal "just need to keep on walking". It would be funny if it wasn't so nauseating. We didn't vote in a new administration just to have them cover up the crimes of the previous adminstration. The political price they pay for not investigating may end up being a lot bigger than the price they would pay for holding people accountable. President Obama and the rest of the people around him seem to be missing the fact that in their quest to grab some of the middle they may lose all of the base. It is what it is.

Holding Them Accountable

Go on and check out Glenn Greenwald's podcast with Chuck Todd.



Go on I said!

Of Revelations And Trial Balloons

First the revelation:

The Central Intelligence Agency withheld information about a secret counterterrorism program from Congress for eight years on direct orders from former Vice President Dick Cheney, the agency’s director, Leon E. Panetta, has told the Senate and House intelligence committees, two people with direct knowledge of the matter said Saturday.

The report that Mr. Cheney was behind the decision to conceal the still-unidentified program from Congress deepened the mystery surrounding it, suggesting that the Bush administration had put a high priority on the program and its secrecy.

Mr. Panetta, who ended the program when he first learned of its existence from subordinates on June 23, briefed the two intelligence committees about it in separate closed sessions the next day.

Efforts to reach Mr. Cheney through relatives and associates were unsuccessful.

The question of how completely the C.I.A. informed Congress about sensitive programs has been hotly disputed by Democrats and Republicans since May, when Speaker Nancy Pelosi accused the agency of failing to reveal in 2002 that it was waterboarding a terrorism suspect, a claim Mr. Panetta rejected.

Money quote:

Representative Peter Hoekstra of Michigan, the committee’s top Republican, said he would not judge the agency harshly in the case of the unidentified program, because it was not fully operational. But he said that in general, the agency has not been as forthcoming as the law requires.

“We have to pull the information out of them to get what we need,” Mr. Hoekstra said.

Kinda sounds like what Speaker Pelosi said a couple months back doesn't it?


Now the trial balloon:

It's the morning after Independence Day, and Eric Holder Jr. is feeling the weight of history. The night before, he'd stood on the roof of the White House alongside the president of the United States, leaning over a railing to watch fireworks burst over the Mall, the monuments to Lincoln and Washington aglow at either end. "I was so struck by the fact that for the first time in history an African-American was presiding over this celebration of what our nation is all about," he says. Now, sitting at his kitchen table in jeans and a gray polo shirt, as his 11-year-old son, Buddy, dashes in and out of the room, Holder is reflecting on his own role. He doesn't dwell on the fact that he's the country's first black attorney general. He is focused instead on the tension that the best of his predecessors have confronted: how does one faithfully serve both the law and the president?

Alone among cabinet officers, attorneys general are partisan appointees expected to rise above partisanship. All struggle to find a happy medium between loyalty and independence. Few succeed. At one extreme looms Alberto Gonzales, who allowed the Justice Department to be run like Tammany Hall. At the other is Janet Reno, whose righteousness and folksy eccentricities marginalized her within the Clinton administration. Lean too far one way and you corrupt the office, too far the other way and you render yourself impotent. Mindful of history, Holder is trying to get the balance right. "You have the responsibility of enforcing the nation's laws, and you have to be seen as neutral, detached, and nonpartisan in that effort," Holder says. "But the reality of being A.G. is that I'm also part of the president's team. I want the president to succeed; I campaigned for him. I share his world view and values."

These are not just the philosophical musings of a new attorney general. Holder, 58, may be on the verge of asserting his independence in a profound way. Four knowledgeable sources tell NEWSWEEK that he is now leaning toward appointing a prosecutor to investigate the Bush administration's brutal interrogation practices, something the president has been reluctant to do. While no final decision has been made, an announcement could come in a matter of weeks, say these sources, who decline to be identified discussing a sensitive law-enforcement matter. Such a decision would roil the country, would likely plunge Washington into a new round of partisan warfare, and could even imperil Obama's domestic priorities, including health care and energy reform. Holder knows all this, and he has been wrestling with the question for months. "I hope that whatever decision I make would not have a negative impact on the president's agenda," he says. "But that can't be a part of my decision."

Now here is the deal. We who feel that the Bush Administration MUST be held accountable for their crimes against the constitution have to strike NOW when the iron is still hot! Here we have revelations about all of the ways Dick Cheney held back information from Congress coming at the same time that Eric Holder is openly contemplating an investigation, if there was ever a time that we had a shot at changing public perception on this issue it is now. We need to pound Cheney mercilessly for the next few weeks! Whatever new dirt that can be exposed should be brought out. All of the things we already know should be reemphasized. All of the lies he has told should be recounted. We need to pressure the mainstream media into reporting on the issue as well. Go on the Washington Post chats and keep asking the pundits to hold Cheney and the rest of the Bush administration accountable. Go on the mainsteam media blogs like Swampland or The Note and demand justice. Twitter it out with MSM folks like Jake Tapper and Joe Scarborough and DEMAND accountability.

We have been giving a slight opening. Its up to us to decide if we are going to exploit it or continue waiting on someone else to do it for us.

It is what it is.

I Am Fresh Out Of Passes

After delaying the release of the CIA's Inspector General's report on torture several times, now the Obama administration is looking to push it back yet again until August 31st. Now I don't know about you, but I have pretty much run out of plausible excuses for why they continue to kick this down the road. Right about now it seems to me that what makes most sense is that they are pushing it back so that the issue falls off of the radar and doesn't impede other parts of their agenda.

Well I am calling BULLSHIT on that. If President Obama is going to be using that "nation of laws" verbiage then he for damn sure needs to start living up to it. This is much too serious to keep playing games with it. And if accountability is going to continue to be a buzz word with his administration then at some point we are going to need to actually see some. This is weaksauce plain and simple.