These latest documents provide a glimpse of the early struggles between the FBI and the Pentagon over just how to conduct the “war on terror” and how to interrogate and treat that war’s detainees. Sadly, they reveal that the FBI knew perfectly well — and repeatedly warned Defense Department officials, as well as Justice Department lawyers — that the abusive interrogation techniques being used on detainees at Guantanamo Bay were likely to be ineffective and make subsequent prosecutions impossible.

As one memo says, while the interrogation techniques based on tactics used in the U.S. Army Search, Escape, Resistance and Evasion (SERE) training “may be effective in eliciting tactical intelligence in a battlefield context, the reliability of information obtained using such tactics is highly questionable, not to mention potentially legally inadmissible in court.”

That memo was written in May 2003.  The “enhanced” interrogation techniques, such as stress positions and prolonged sleep deprivation, were still being used and justified in memos as late as July 2007. The memo raises several important questions. Did the Office of Legal Counsel lawyers drafting those later memos for the CIA not know about the FBI’s earlier objections? Or did they just dismiss them out of hand? Were they told to ignore those earlier conclusions?

Then there’s the fact that senior officials from the Criminal Investigative Task Force, including the chief psychologist with the Naval Criminal Investigative Service “repeatedly argued for implementation of a rapport-based approach” and “lamented the fact that many DHS [Defense Human Intelligence Services] interrogators seem to believe that the only way to elicit information from uncooperative detainees is to use aggressive techniques on them.”

“Despite objections raised by the [Behavioral Analysis Unit of the FBI], the DHS initiated an aggressive interrogation plan for #63,” who elsewhere in the document is identified as Mohammed al-Qatani. “This plan incorporated a confusing array of physical and psychological stressors which were designed, presumably, to elicit #63’s cooperation. Needless to say, this plan was eventually abandoned when the DHS realized it was not working and when #63 had to be hospitalized briefly.”

Officials from the Criminal Investigative Task Force and the Behavioral Analysis Unit drafted a letter “reiterating the strengths of the FBI/CITF approach” and providing “a detailed historical record of the development of interagency policies regarding aggressive interrogation techniques in GTMO.” The letter also argued that they were a bad idea.

Not only did the officials not succeed in convincing DHS to abandon the techniques, but the document described how the military and DHS inaccurately portrayed to the Pentagon that the FBI’s Behavioral Analysis Unit approved of and helped design the very techniques that the BAU warned would backfire.

Although we knew before that the FBI had disagreed with the so-called “enhanced” interrogation techniques and refused to participate in them, this latest release of previously classified information reveals the extent to which FBI officials made both the legal and practical case to senior Pentagon and Justice Department officials for why the usual rules on interrogations should be followed.

That they were so blatantly ignored suggests more than just bad judgment. It suggests a deliberate indifference to the facts and the law, which cries out for a more thorough investigation.

09 Memos

“I just cannot believe that Congresswoman Bachmann sponsored and brought to the American people, the use of images from the Holocaust, actual photographs of skeletal remains of people from the cremetoria, in order to make a point about the health insurance bill,” says Israel. “I can’t believe that Congresswoman Bachmann would stand where she stood and see those images and not have the common decency to say, ‘I disagree with the use of those images.’”

It’s another sign, if any were needed, that Democrats consider Bachmann a useful foil. And it’s another attempt to make Republicans pay for embracing the energy of Tea Party activists.

Whole letter after the jump.

Jihad at Fort Hood

Every American this morning should be outraged not only about the murderous rampage against U.S. soldiers in Ft. Hood, Texas, by Major Nidal M. Hasan, but also by the sickening effort of Big Media, and even some U.S. officials, to deceive us about what has taken place.

For eight years we have been fighting radical Islamists around the world, and we have been the victims of jihadist attacks by lone radical Muslims repeatedly here in the U.S. Yet as the story broke of the carnage yesterday, 13 dead and 30 wounded, virtually every major media outlet, along with our own government, seemed to have as their main goal convincing us that the event had nothing to do with terrorism or radical Islam.

But minute-by-minute, more information is coming to light that can’t be ignored. We have found out that six months ago Major Hasan may have defended Muslim suicide bombers on his web page, comparing such acts to the sacrifice a U.S. solider makes when he falls on a grenade to save his fellow soldiers. Col. Terry Lee, who worked with the killer, said Major Hasan had said, “Muslims shouldn’t be fighting Muslims.” Back in June, when a Muslim convert assassinated a U.S. soldier at a recruiting station in Little Rock, Arkansas, Col. Lee said that Major Hasan seemed happy about the event and that he was confronted by other officers. (You may recall that it took days for Obama to acknowledge that attack, yet the White House issued a rare Sunday statement when late-term abortionist George Tiller was killed.)

In recent weeks, while off the base, Major Hasan started wearing Arabic and religious clothing. He passed out Korans on the morning of the shooting. Survivors in the facility where Major Hasan went on the attack reported that he yelled, “Allahu Akbar,” (Allah is great) before he opened fire – the same words shouted by the jihadists on 9/11 and which have been repeated by our enemy in every attack since.

Nor is this an isolated incident. In June 2003, Sergeant Hasan K. Akbar attacked his fellow soldiers as they gathered in Kuwait to start the liberation of Iraq. He killed two officers and wounded many more. Numerous plots by American Muslims have been uncovered in recent years to attack Fort Dix, the Quantico Marine Corps base and other military facilities.

No one is suggesting that an Al Qaeda operative contacted Major Hasan and ordered yesterday’s attack. But the evidence certainly indicates that Major Hasan was becoming more and more committed to radical Islam and growing increasingly hostile to the American military that paid for his education and repeatedly promoted him. NPR reports, “Hasan was put on probation early in his postgraduate work… He was disciplined for proselytizing about his Muslim faith with patients and colleagues…”

I understand the media’s politically correct mindset. What is inexcusable is why the military and the FBI continue to be so reticent about acknowledging the nature of the enemy we are confronting. Instead of going into denial, our military, the FBI and other intelligence agencies need to admit the obvious. While thousands of loyal American Muslims have served in the military, and some have died with other Americans in Iraq and Afghanistan, there are also “sleeper cells” or “sleeper individuals” who are jihadist ticking time bombs inside our own ranks. Similar attacks are inevitable the longer our leaders engage in self-deception. The brave men and women in uniform, who are on the front lines in Afghanistan and Iraq, should not have to worry about being killed at home by the same enemy they are fighting abroad.

Obama’s “Shout out”

As details of the Ft. Hood carnage poured in yesterday afternoon, the White House announced that President Obama would make a statement at a previously scheduled event. Close to 5:00 PM, cable stations switched to cover the president’s remarks as he was getting ready to speak at a Tribal Nations Conference hosted by the Interior Department. What happened next has callers to talk radio shows all over the country outraged.

Instead of bringing a somber demeanor into the room, the president seemed to many to be light-hearted and frivolous. He thanked various staffers, and then said he wanted to give a “shout out” to Dr. Joe Medicine Crow, who he incorrectly identified as a “Congressional Medal of Honor” winner. After several minutes of banter, the president read a somber, brief statement about the shootings. Increasingly, this White House seems “tone deaf.” How hard is it to realize that this was not a time for joking or “shout outs.” In fact, it would have been more appropriate to cancel the speech and make a reassuring statement from the White House on the events in Texas.

This morning, the president made another statement ordering flags to fly at half-staff until Veterans Day. But he also cautioned us not to “jump to conclusions” until we have all the facts. (The last time there was a pending law enforcement issue, the president was the first to jump to conclusions when he said the Cambridge Police Department “acted stupidly” for arresting his friend Professor Louis Gates.)

Reliable sources tell The Cable that the review has entered its final stages, with Defense Secretary Robert Gates and National Security Advisor Jim Jones now taking the lead and putting on the final touches.

Today, Special Envoy Richard Holbrooke cancelled a planned speaking event scheduled for Wednesday, November 18, at the Women’s Foreign Policy Group, “due to unforeseen changes in the speaker’s schedule,” a group representative said.

And the administration sent a team to Brussels this week to consult with all 43 member nations of the International Security Assistance Force, including all 28 NATO nations.

An end to “dithering” may come the week of Nov. 16, Josh thinks.

Tomorrow at one p.m. Congressman King will join his Republican colleagues and Americans from across the nation seeking to have their voices heard in the health care debate for a second House Call press event. Republicans and other participants will deliver a message that the American people reject a government takeover of health care.

What: Second Health Care “House Call” on Washington

Who: Republican Members of Congress Americans concerned about our health care future Other Guests – TBA

When: Saturday, November 7, 2009 at 1:00 p.m.

Where: U.S. Capitol

Whether you can or cannot, please go here and call your Congressman. Tell him to vote no on the Democrats’ health care legislation.

Our Nation’s thoughts and prayers are with the service members, civilians, and families affected by the tragic events at Fort Hood, Texas. The brave victims, who risked their lives to protect their fellow countrymen, serve as a constant source of strength and inspiration to all Americans. We ask God to watch over the fallen, the wounded, and all those who are suffering at this difficult hour.

As a mark of respect honoring the victims of the tragedy at Fort Hood, Texas, I hereby order, by the authority vested in me by the Constitution and the laws of the United States of America, that the flag of the United States shall be flown at half-staff at the White House and upon all public buildings and grounds, at all military posts and naval stations, and on all naval vessels of the Federal Government in the District of Columbia and throughout the United States and its Territories and possessions until sunset, Tuesday, November 10, 2009. I also direct that the flag shall be flown at half-staff for the same length of time at all United States embassies, legations, consular offices, and other facilities abroad, including all military facilities and naval vessels and stations.

IN WITNESS WHEREOF, I have hereunto set my hand this sixth day of November, in the year of our Lord two thousand nine, and of the Independence of the United States of America the two hundred and thirty-fourth.

BARACK OBAMA.

Who’s backing West? He has received $5,000 from the notorious National Republican Trust PAC, the PAC that ran the only national ads about Jeremiah Wright in 2008, and the one that’s run grueling negative ads in the NY-20 and NY-23 special elections. He’s gotten $1,500 from the Freedom’s Defense Fund and another $1,500 from Veterans for Victory. Other donors: Radio host Tammy Bruce ($1,000) and former Bush economic adviser Larry Lindsey ($250).

So don’t make the assumption that West is some fringe candidate with no chance. He’s also on the NRCC’s “Young Guns” list.

But having covered the race pretty closely, I don’t see much evidence that Scozzafava was brought down because of her support for gay marriage. If that had been her only affront to conservative voters, I think she would have survived. The Club for Growth — which Doug Hoffman’s campaign spokesman Rob Ryan credited with putting “gas in the tank” for the campaign — would not likely have spent money against Scozzafava if she were pro-gay marriage but also anti-stimulus and anti-card check. The Susan B. Anthony List, a huge player in the fight against Scozzafava, did not mention gay marriage in its endorsement of Hoffman. And while the National Organization for Marriage funded pro-Hoffman handouts, I didn’t talk to any voters who considered gay marriage an issue.

Could a conservative Republican oust an incumbent in a primary if that incumbent backed gay marriage? Anything’s possible. But the long-term lesson of Maine is not that, once again, anti-gay marriage forces got 53 percent of a state to strip away marriage rights. It’s that they had to do so after the state legislature passed marriage rights and the governor signed them — which meant NOM was in the position of circumventing legislators, not threatening them.

We know that Dr. Hasan is a devout Muslim who once told a fellow officer that “Muslims have a right to stand up against the U.S. military.” Clearly, yesterday’s rampage was not motivated by love. Given Hasan’s worldview, it’s probable that he was motivated in part by an animus toward Christians and Jews. Assuming that murder charges are brought against him, will Hasan also be charged with a hate crime?

Just count the leaps in logic. It should be obvious that Scarborough is only barely talking about Hasan. He’s talking about Islam in general, since the basis for his wild-eyed speculations is Hasan’s “worldview,” by which the man means that Hasan is a “devout Muslim.” This is the next stage of the slander. In Scarborough’s view, Hasan isn’t even part of a small cohort of psychopaths who hijack Islam as a pretext for their murderous tendencies. He’s following the tenets of his religion — a religion subscribed to by something like a billion and a half people on this planet.

Conservatives want to bleat about how PC hysteria is inhibiting their right to say racist things about Muslims without criticism. But it’s funny how you never see people like Scarborough referred to as what they are: radical clerics.

Senate Majority Leader Harry Reid (D-Nev.) has asked members of the Banking Committee for their consent to move the bill directly to the Senate calender without the panel addressing it first. The move is an indication that Democratic leaders want the option to consider the bill at any time, though it doesn’t guarantee that they’ll do so.

There’s no word yet from Banking leaders if that consent has been granted. Still, the strategy is significant because if Republicans want to block the motion, they’ll have to go on the record to do so.

The legislation, sponsored by Sen. Mark Udall (D-Colo.), is designed to tackle a problem the Democrats themselves created.

The credit card reform legislation that Democrats pushed through Congress in May aims to eliminate the most abusive practices adopted by credit card issuers. It bans, for example, a number of hidden fees and prohibits companies from applying rate hikes to existing balances. Yet most of those reforms don’t take effect until late February. To beat the deadline, many companies have raised fees and rates while it’s still legal to do so.

So now Democrats, themselves responsible for delaying the reforms, are trying to get them installed more quickly. The House on Wednesday passed a bill to bump up the implementation date to Dec. 1. The Udall bill proposes the same expedited timeline.

Stay tuned…