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	<title>The Washington Independent &#187; Abu Ghraib</title>
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		<title>Palin goes to Colorado to honor troops with Christian military crusader</title>
		<link>http://washingtonindependent.com/108616/palin-goes-to-colorado-to-honor-troops-with-christian-military-crusader</link>
		<comments>http://washingtonindependent.com/108616/palin-goes-to-colorado-to-honor-troops-with-christian-military-crusader#comments</comments>
		<pubDate>Tue, 26 Apr 2011 22:06:49 +0000</pubDate>
		<dc:creator>admin</dc:creator>
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		<guid isPermaLink="false">http://washingtonindependent.com/108616/palin-goes-to-colorado-to-honor-troops-with-christian-military-crusader</guid>
		<description><![CDATA[<p><a href="http://www.americanindependent.com/129071/with-rnc-faltering-funders-look-elsewhere/mahurinelephant_thumb-4" rel="attachment wp-att-129230"><img src="http://images.americanindependent.com/2010/08/MahurinElephant_Thumb.jpg" alt="Image by Matt Mahurin" title="Image by Matt Mahurin" width="80" height="80" class="alignleft size-full wp-image-129230" /></a>The <a href="http://www.ccu.edu/centennial/">Centennial Institute</a> conservative think tank at Colorado Christian University is hosting a “<a href="http://www.ccu.edu/tribute/">Tribute to the Troops</a>” Monday, where the featured speakers will be Sarah Palin and General William “Jerry” Boykin. Although both figures in the past have been associated with an aggressive Christian politics known as <a <a href="http://washingtonindependent.com/108616/palin-goes-to-colorado-to-honor-troops-with-christian-military-crusader" class="read_more">More...</a></p>]]></description>
			<content:encoded><![CDATA[<p><a href="http://www.americanindependent.com/129071/with-rnc-faltering-funders-look-elsewhere/mahurinelephant_thumb-4" rel="attachment wp-att-129230"><img src="http://images.americanindependent.com/2010/08/MahurinElephant_Thumb.jpg" alt="Image by Matt Mahurin" title="Image by Matt Mahurin" width="80" height="80" class="alignleft size-full wp-image-129230" /></a>The <a href="http://www.ccu.edu/centennial/">Centennial Institute</a> conservative think tank at Colorado Christian University is hosting a “<a href="http://www.ccu.edu/tribute/">Tribute to the Troops</a>” Monday, where the featured speakers will be Sarah Palin and General William “Jerry” Boykin. Although both figures in the past have been associated with an aggressive Christian politics known as <a href="http://www.huffingtonpost.com/chip-berlet/what-is-dominionism-palin_b_124037.html">Dominionism</a>, Boykin is one of the people at the heart of post-9/11 U.S. religious militarism. For years he has been giving talks in which he conjures a Christian America targeted by hundreds of millions of violent Islamic jihadists, rallying support<span id="more-108616"></span> for the most hawkish variety of anti-terror U.S. foreign and domestic policies. If Boykin’s past presentations are any measure, attendees at Monday’s rally are in for tough talk peppered with statistics that sound official and scary but that fail to stand up to the kind of mathematical fact checking you can do in your head as you listen to him speak.</p>
<p>In one YouTubed radio appearance, for example, Boykin rattled off figures on the population of Islamic terrorists around the world and in the United States. He said the “best estimates” suggest there are 1.5 billion Muslims in the world and that 15 percent of them are violent jihadists.  He said that there are 2.4 million Muslims in the U.S. and that 15 percent of them are also jihadists. Boykin would have listeners believe that there are 225 million radical violent Islamists around the world seeking to kill Americans and that there are 360,000 of them here in the U.S., half the population of Palin’s Alaska.</p>
<p>But Boykin has not only drawn heat for his provocative talks.  He also <a href="http://www.nytimes.com/2005/03/04/politics/04boykin.html">drew sanction from the Army</a> when, as a top Pentagon official in the months after 9/11, he cast the War on Terror as a religious war, in part by <a href="http://www.nytimes.com/2003/10/22/opinion/the-general-who-roared.html">recruiting “Christian warriors” to fight for God’s kingdom on Earth</a> during a speaking tour of Baptist churches.</p>
<p><a href="http://www.commondreams.org/views04/0520-03.htm">Boykin was also a key figure</a> in putting the torture techniques practiced at Guantanamo Bay to work at the notorious U.S. detention facility at Abu Ghraib in Baghdad.</p>
<p>Writing at Salon, Sydney Blumenthal in 2004 said Boykin was “at the center of the secret operation to “Gitmo-ize” Iraq’s Abu Ghraib prison and details Boykin’s travels through Bush-era anti-Islamic Christian America.</p>
<blockquote><p>Just before Boykin was put in charge of the hunt for Osama bin Laden and then inserted into Iraqi prison reform, he was a circuit rider for the religious right. He allied himself with a small group known as the Faith Force Multiplier that advocates applying military principles to evangelism. Its manifesto, “Warrior Message,” summons “warriors in this spiritual war for souls of this nation and the world … God has given us the stewardship and accountability of FAITH as our strategy for this time to mobilize an exceedingly great army.”</p>
<p>As the head of the Special Warfare Center and School at Fort Bragg, N.C., Boykin invited Southern Baptist ministers for prayer meetings that would be highlighted by demonstrations of Special Forces hand-to-hand combat and guided tours of the “Shoot House” and “Snake Room.”</p>
<p>Boykin staged a traveling slide show in which he displayed pictures of bin Laden and Saddam Hussein around the country. “Satan wants to destroy this nation, he wants to destroy us as a nation, and he wants to destroy us as a Christian army,” he preached.</p></blockquote>
<p>Here’s Boykin on YouTube:</p>
<p>&nbsp;</p>
<p>He said hundreds of millions of jihadists are determined to destroy our liberties and reestablish an international caliphate, that the Saudis are pouring money into our school systems and universities to undermine democratic thinking, and that radical madrasas are multiplying “right here in America.”</p>
<p>He refers to a terror trial in Dallas where “they determined… that almost every Islamic organization in America is a front for fundraising for Islamic extremism.”</p>
<p>More Boykin quotes from the radio appearance:</p>
<blockquote><p>Law enforcement has been unwilling to address the issue to do what was necessary in terms of arresting and incarcerating these people…</p>
<p>These activist judges, there’s a history of leniency with these people, and many of [the alleged terrorists] have been released after committing crimes only to be rearrested later for being involved in some sort of terrorist activity…</p>
<p>There exist 35 Muslim compounds scattered across America, and the activities that are going on inside those compounds I think it’s safe to say are not in the best interest of our liberties and our freedoms and, in many cases when people have tried to get into these compounds to see what is going on, they’ve been held away at gunpoint…</p>
<p>I’m afraid the attitude of Americans is one of capitulation. There seems to be an attitude that, if we just allow them to worship as they please under the concept of freedom of religion, they will enjoy their life in America, when the fact of the matter is the jihadists have every intention of destroying the nation as we know it and establishing it as a Muslim nation… It is time for America to awaken… What we need to do as Christians and as Americans, we need to do what God’s called us to do, and that is get our armor on and get into battle.</p></blockquote>
<p>In the weeks after Rep. Gabriel Gifford was shot in Arizona, Palin defended herself for targeting Gifford with gun-sight cross-hairs on a midterm election map. News that Palin was coming to Colorado to talk sparked some controversy. That she will share a stage with Boykin has always been more controversial news.</p>
<h4><em>Got a tip? Story pitch? <a href="mailto:tips@coloradoindependent.com">Send us an e-mail</a>. Follow <a href="http://twitter.com/COindependent">The Colorado Independent on Twitter</a>. </em></h4>
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		<title>More on the Congressional Move to Amend FOIA, Hide Torture Photos</title>
		<link>http://washingtonindependent.com/63982/more-on-the-congressional-move-to-amend-foia-hide-torture-photos</link>
		<comments>http://washingtonindependent.com/63982/more-on-the-congressional-move-to-amend-foia-hide-torture-photos#comments</comments>
		<pubDate>Thu, 15 Oct 2009 17:56:07 +0000</pubDate>
		<dc:creator>Daphne Eviatar</dc:creator>
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		<guid isPermaLink="false">http://washingtonindependent.com/?p=63982</guid>
		<description><![CDATA[<p>To follow up on <a href="http://washingtonindependent.com/63974/louise-slaughter-slams-effort-to-amend-foia-to-shield-abuse-photos" target="_blank">my earlier post about Rep. Louis Slaughter</a> (D-N.Y.) and her speech on her colleagues&#8217; move to amend the Freedom of Information Act to prevent the release of photographs depicting abuse of detainees in U.S. custody, it&#8217;s worth looking at <a href="http://www.fas.org/sgp/congress/2009/protected.html" target="_blank">the conference report</a> <a href="http://washingtonindependent.com/63982/more-on-the-congressional-move-to-amend-foia-hide-torture-photos" class="read_more">More...</a></p>]]></description>
			<content:encoded><![CDATA[<p>To follow up on <a href="http://washingtonindependent.com/63974/louise-slaughter-slams-effort-to-amend-foia-to-shield-abuse-photos" target="_blank">my earlier post about Rep. Louis Slaughter</a> (D-N.Y.) and her speech on her colleagues&#8217; move to amend the Freedom of Information Act to prevent the release of photographs depicting abuse of detainees in U.S. custody, it&#8217;s worth looking at <a href="http://www.fas.org/sgp/congress/2009/protected.html" target="_blank">the conference report on the bill.</a> The bill is called the &#8220;Protected National Security Documents Act of 2009,&#8221; but refers not to any &#8220;documents&#8221; per se, but only to any &#8220;photograph&#8221; taken between Sept. 11, 2001 and Jan. 22, 2009, that &#8220;relates to the treatment of individuals engaged, captured, or detained after September 11, 2001, by the Armed Forces of the United States in operations outside of the United States.&#8221;<span id="more-63982"></span></p>
<p>The provision was proposed by Sen. Joseph Lieberman (I-Ct.), as <a href="http://www.fas.org/blog/secrecy/" target="_blank">Steven Aftergood of Secrecy News explains</a>, specifically &#8220;to thwart a successful FOIA lawsuit brought by the American Civil Liberties Union&#8221; which wants the government to turn over photos documenting abuse of detainees in U.S. military custody.  I wrote about the bill and its progress last week <a href="http://washingtonindependent.com/62899/congress-helps-dod-hide-torture-photos" target="_blank">here.</a> Although a federal appeals court ruled last year that the government must produce those unclassified photos under the Freedom of Information Act, the government has refused, and filed a petition to the Supreme Court for review.</p>
<p>The Supreme Court hasn&#8217;t yet decided whether it will hear the case, though, and given that Congress may resolve the matter by hiding the unclassified photographs with this legislation, Solicitor General Elena Kagan <a href="http://www.fas.org/sgp/jud/aclu-sg-100809.pdf" target="_blank">last week asked the court </a>to put off deciding, since it looks like Congress is prepared to decide the matter &#8212; and conceal the photographs &#8212; on its own.</p>
<p>&#8220;From an open government point of view, it is dismaying that Congress would intervene to alter the outcome of an ongoing Freedom of Information Act proceeding,&#8221; <a href="http://www.fas.org/blog/secrecy/" target="_blank">writes Aftergood</a> in his blog, which has done a terrific job of exposing the government&#8217;s efforts to hide what&#8217;s supposed to be public information. Aftergood adds that the move reveals Congress doesn&#8217;t have much confidence in its own Freedom of Information Act, the federal courts interpreting it, or the principles behind it, if it feels the need to exempt this specific set of photos from the law&#8217;s purview.</p>
<p>On the other hand, he notes that it could be worse: the Supreme Court could have taken the case and upheld the Obama administration&#8217;s right to exempt the photos &#8220;simply because they may pose an unspecified danger to unspecified persons.&#8221;  &#8220;Such a Supreme Court ruling would have left a gaping hole in the Freedom of Information Act even larger than what the Obama Administration and Congress have now created,&#8221; writes Aftergood.</p>
<p>Or, of course, the Supreme Court might have just done its job, and recognized, as the two lower courts who&#8217;ve heard this case did, that <a href="http://washingtonindependent.com/54837/unpopular-photography" target="_blank">unclassified documents can&#8217;t be concealed based simply on the executive&#8217;s fear that exposing government wrongdoing will incite anger </a>at the United States and endanger national security. After all, if preventing anger at the United States were a legitimate reason to conceal unclassified information about the government, then there would be considerably less Information left for the Act to protect.</p>
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		<title>Congress Helps DoD Hide Torture Photos</title>
		<link>http://washingtonindependent.com/62899/congress-helps-dod-hide-torture-photos</link>
		<comments>http://washingtonindependent.com/62899/congress-helps-dod-hide-torture-photos#comments</comments>
		<pubDate>Thu, 08 Oct 2009 12:40:30 +0000</pubDate>
		<dc:creator>Daphne Eviatar</dc:creator>
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		<guid isPermaLink="false">http://washingtonindependent.com/?p=62899</guid>
		<description><![CDATA[<p>House and Senate members today approved language for a homeland security appropriations bill that would give the Pentagon the right to continue withholding photos of the abuse of detainees in its custody, <a href="http://www.aclu.org/safefree/general/41255prs20091007.html?s_src=RSS" target="_blank">the ACLU reported</a> on Wednesday.</p>
<p>The ACLU has been trying to get its hands on <a <a href="http://washingtonindependent.com/62899/congress-helps-dod-hide-torture-photos" class="read_more">More...</a></p>]]></description>
			<content:encoded><![CDATA[<p>House and Senate members today approved language for a homeland security appropriations bill that would give the Pentagon the right to continue withholding photos of the abuse of detainees in its custody, <a href="http://www.aclu.org/safefree/general/41255prs20091007.html?s_src=RSS" target="_blank">the ACLU reported</a> on Wednesday.</p>
<p>The ACLU has been trying to get its hands on <a href="http://washingtonindependent.com/54837/unpopular-photography" target="_blank">those photos</a>, as well as other records, since 2003 through the Freedom of Information Act, which is supposed to make them public. But the Bush administration objected, and the ACLU&#8217;s been litigating the issue ever since. Although President Obama at first promised to turn over the photos, he later changed his mind, and despite two court orders to turn them over, the administration has still so far refused. It&#8217;s appealed the matter to the U.S. Supreme Court, which is supposed to decide whether to hear the case on October 9.<span id="more-62899"></span></p>
<p>Some members of Congress, however, are <a href="http://washingtonindependent.com/46029/will-house-dems-stand-up-to-obama-on-torture-photos" target="_blank">not prepared to leave it to the courts</a> to decide. Senator Joe Lieberman (I-Conn.) has introduced an amendment to the appropriations bill that would allow the defense department to exempt the photos of abuse from the scope of the Freedom of Information law.</p>
<p>Here&#8217;s part of the response from Jameel Jaffer, director of the ACLU National Security Project, from a statement released on Wednesday:</p>
<blockquote><p>Congress should not give the government the authority to hide evidence of its own misconduct, and if it does grant that authority, the Secretary of Defense should not invoke it. If this shameful provision passes, Secretary Gates should take into account the importance of transparency to the democratic process, the extraordinary importance of these photos to the ongoing debate about the treatment of prisoners, and the likelihood that the suppression of these photos will ultimately be far more damaging to our national security than their disclosure would be.</p></blockquote>
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		<title>SCOTUS Takes No Action on Uighurs&#8217; Case or Abuse Photos</title>
		<link>http://washingtonindependent.com/61464/scotus-takes-no-action-on-uighurs-case-or-abuse-photos</link>
		<comments>http://washingtonindependent.com/61464/scotus-takes-no-action-on-uighurs-case-or-abuse-photos#comments</comments>
		<pubDate>Wed, 30 Sep 2009 14:58:53 +0000</pubDate>
		<dc:creator>Daphne Eviatar</dc:creator>
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		<guid isPermaLink="false">http://washingtonindependent.com/?p=61464</guid>
		<description><![CDATA[<p>Although court-watchers were <a href="http://washingtonindependent.com/61109/scotus-to-consider-abuse-photos-and-uighurs-release-tuesday" target="_blank">predicting that the Supreme Court would decide</a> yesterday whether to hear the appeal from a group of Chinese Muslim detainees at Guantanamo Bay claiming the right to be released into the United States, the high court apparently decided not to decide, at least for now. <a href="http://washingtonindependent.com/61464/scotus-takes-no-action-on-uighurs-case-or-abuse-photos" class="read_more">More...</a></p>]]></description>
			<content:encoded><![CDATA[<p>Although court-watchers were <a href="http://washingtonindependent.com/61109/scotus-to-consider-abuse-photos-and-uighurs-release-tuesday" target="_blank">predicting that the Supreme Court would decide</a> yesterday whether to hear the appeal from a group of Chinese Muslim detainees at Guantanamo Bay claiming the right to be released into the United States, the high court apparently decided not to decide, at least for now. <a href="http://www.scotusblog.com/wp/" target="_blank">Lyle Denniston at SCOTUSblog writes</a> that the justices could still take up the case next week.</p>
<p>The court yesterday also put off deciding whether the U.S. government has to release photos of detainee abuse, as the American Civil Liberties Union is arguing in its Freedom of Information Act case against the Defense Department.  The court could decide whether to hear that case on Oct. 9.</p>
<p>SCOTUSblog has listed <a href="http://www.scotusblog.com/wp/todays-orders-40/" target="_blank">here</a> all ten cases the court yesterday decided to review.</p>
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		<title>Unpopular Photography</title>
		<link>http://washingtonindependent.com/54837/unpopular-photography</link>
		<comments>http://washingtonindependent.com/54837/unpopular-photography#comments</comments>
		<pubDate>Wed, 12 Aug 2009 21:11:48 +0000</pubDate>
		<dc:creator>Daphne Eviatar</dc:creator>
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		<guid isPermaLink="false">http://washingtonindependent.com/?p=54837</guid>
		<description><![CDATA[<p><em>Daphne Eviatar is guest-blogging for Glenn Greenwald today. The following is cross-posted at <a title="http://www.salon.com/opinion/greenwald/" href="http://www.salon.com/opinion/greenwald/" target="_blank">Salon</a>.</em></p>
<p>If, <a href="http://washingtonindependent.com/54751/give-holder-some-time-on-torture-prosecutions" target="_blank">as the latest reports indicate</a>, Attorney General Eric Holder is serious about prosecuting the worst torture and abuse of “war on terror” prisoners that occurred during the Bush administration, then <a href="http://washingtonindependent.com/54837/unpopular-photography" class="read_more">More...</a></p>]]></description>
			<content:encoded><![CDATA[<p><em>Daphne Eviatar is guest-blogging for Glenn Greenwald today. The following is cross-posted at <a title="http://www.salon.com/opinion/greenwald/" href="http://www.salon.com/opinion/greenwald/" target="_blank">Salon</a>.</em></p>
<p>If, <a href="http://washingtonindependent.com/54751/give-holder-some-time-on-torture-prosecutions" target="_blank">as the latest reports indicate</a>, Attorney General Eric Holder is serious about prosecuting the worst torture and abuse of “war on terror” prisoners that occurred during the Bush administration, then there’s some key evidence he’s going to want to take a look at:  photographs. Although Bush Justice Department prosecutors claimed they didn’t have the facts to support prosecuting anyone for the mysterious deaths and disappearances of detainees hauled out of Bagram and Abu Ghraib in body bags, the photographs – which two courts have now ordered the Obama administration to turn over – would seem likely to provide some of the missing evidence.<span id="more-54837"></span></p>
<p>The photos I’m talking about are the same ones that, back in April, President Obama <a href="http://www.aclu.org/pdfs/safefree/letter_singh_20090423.pdf" target="_blank">promised to release to the public</a> by May. Then, after consulting with Defense Department and CIA leaders, he changed his mind. After the American Civil Liberties Union filed a Freedom of Information Act lawsuit to obtain them, the photographs were ordered released by <a href="http://www.aclu.org/torturefoia/legaldocuments/aOrder092905.pdf" target="_blank"> a federal district court in New York</a> in 2005 and then the court of appeals <a href="http://www.aclu.org/safefree/torture/36878lgl20080922.html" target="_blank">in 2008</a>; both courts agreed that the photos are critical to the public debate over torture and the U.S. government’s counterterrorism tactics, and don’t fall under any exemption to the freedom of information law. Still, the Obama administration isn&#8217;t budging.</p>
<p>While the case was on appeal, lawyers from the same Washington law firm that Holder was then working at, Covington &amp; Burling,<a href="http://www.aclu.org/torturefoia/legaldocuments/Amicus_Professors091406.pdf" target="_blank"> wrote a powerful brief</a> on behalf of 22 legal experts on the laws of war arguing for the photos&#8217; release. These sorts of images are in part responsible for the regime of international humanitarian law that we have today, they argued.</p>
<p>The cornerstone of modern international humanitarian law &#8212; the Geneva Conventions of 1949 &#8212; was adopted after the release of vivid images of Nazi concentration camp survivors. And it was the United States and General Dwight D. Eisenhower himself who insisted on distributing huge volumes of these photos to the media. The images of corpses, prisoner remains and emaciated survivors helped persuade nations around the world to develop and adopt new universal humanitarian norms.</p>
<p>It’s because images can be so powerful and can motivate action that the Obama administration now wants to suppress them.</p>
<p>On Friday, the <a href="http://www.aclu.org/safefree/torture/40651lgl20090807.html" target="_blank">Justice Department filed a petition with the Supreme Court</a> arguing that releasing the photos of detainee abuse would so inflame public opinion against the United States abroad that it would endanger the lives of U.S. soldiers stationed in Iraq and Afghanistan.</p>
<p>(Initially, the government refused to turn them over on the grounds that they would violate the privacy rights of the detainees. After the ACLU and the court agreed to have the photos redacted to conceal identifying information and protect personal privacy, the government came up with this second reason to object.)</p>
<p>On its face, the argument sounds pretty reasonable. I have to admit that when the administration first announced its change of heart, though <a href="http://www.salon.com/opinion/greenwald/2009/05/13/photos/" target="_blank">Glenn Greenwald, Andrew Sullivan and many others</a> were immediately outraged, I was somewhat sympathetic. After all, the Freedom of Information Act does include an exception to releasing information if it would reasonably be expected to “endanger the life or physical safety of any individual.” The photos of abuse at Abu Ghraib were certainly alarming. And who would want to endanger the lives of U.S. troops?</p>
<p>Meanwhile, the Justice Department had collected sworn statements from top military generals &#8212; including General Richard Myers, then the Chairman of the Joint Chiefs of Staff and the Nation’s highest ranking military officer &#8212; saying that releasing the photos would do just that. Who are we to question the top brass?</p>
<p>Amrit Singh, an ACLU lawyer handling the case, answered that for me yesterday. “The argument the government has put forward is unacceptable because it would afford the greatest protection from disclosure to records that depict the worst kind of government misconduct. That is fundamentally inconsistent with FOIA. And it’s fundamentally inconsistent with democracy.”</p>
<p>It&#8217;s a good point. Though I want to protect our troops as much as anybody, it turns out the law wasn’t drafted to protect Americans from retaliation that might result because their country did something illegal, or even just really embarrassing. If it were, then evidence of any illegal or upsetting U.S. government conduct would be exempt from disclosure. And that would defeat the entire purpose of the Freedom of Information law.</p>
<p>According to the Supreme Court, the purpose of FOIA is “to ensure an informed citizenry, vital to the functioning of a democratic society, needed to check against corruption and to hold the governors accountable to the governed.” So you can see how that would be seriously compromised by the government’s interpretation of the law here.</p>
<p>It turns out that when you look at the language of FOIA, the government’s interpretation doesn’t make much sense either.</p>
<p>Exemption 7(f) allows an agency to withhold “records or information compiled for law enforcement purposes, but only to the extent that the production of such law enforcement records or information &#8230; could reasonably be expected to endanger the life or physical safety of any individual.”</p>
<p>But does “any individual” mean any conceivable individual out there, or some specific individual that the government can identify?</p>
<p>The appeals court ruled that because Congress said the release must endanger “any individual” rather than just “endanger life or physical safety” generally to be considered exempt, Congress must have meant some identifiable individual – a particular witness to a crime or subject of a law enforcement investigation, for example. If Congress had meant to include any member of a group of people who could possibly become the target of someone’s anger, it would have used the more general phrase, the court reasoned. So the court ruled the exemption doesn’t apply, and the Obama administration has to turn over the photographs.</p>
<p>Now, the administration faces a dilemma. When it released the Office of Legal Counsel memos written by the now-infamous John Yoo authorizing the administration to torture prisoners abroad, it wasn&#8217;t prepared for the media firestorm that erupted &#8212; and the growing public pressure to prosecute. Reluctant to face that again, Obama and senior officials in his administration are trying hard now not to stoke the fires. (Even if they can go along with a limited prosecution along the lines of what Holder has described, they certainly don&#8217;t want to face calls for prosecuting senior Bush officials.)</p>
<p>But it looks like they can’t legally stop this release.</p>
<p>Sill, they can delay it. Supreme Court review could delay the case months or even years, depending on what the court decides to do. In the meantime, other reports will be released about the Bush era anti-terror tactics. Those include the Senate Intelligence committee’s investigation led by Sen. Dianne Feinstein (D-Calif.), the report from the ethics division of the Justice Department, the Office of Professional Responsibility, on the work of the Justice Department lawyers who crafted the memos, and, of course, the 2004 CIA inspector general report I wrote about earlier that&#8217;s supposed to be released by Aug. 24.</p>
<p>Which raises the question whether the government will invoke Exemption 7(f) of FOIA to try to withhold <em>that</em> report. After all, couldn’t the government make the exact same argument about the CIA report that it’s making about the photos? You see the slippery slope we&#8217;re on.</p>
<p>The CIA report apparently describes cases of murder and abuse so horrific that Holder was moved to consider initiating prosecutions. And that’s despite the fact that the Justice Department under President George W. Bush investigated those cases, but decided not to prosecute them. That report must be pretty upsetting.</p>
<p>So don’t be surprised if we start hearing that we shouldn’t be allowed to see that one either, because someone somewhere might get hurt.</p>
<p>The administration could, of course, try to distinguish the report from the photographs, arguing that, essentially, a picture is worth a thousand words. The photos may be just too powerful.</p>
<p>When faced with the atrocities of the Nazi concentration camps at the close of World War II, Eisenhower found that words failed him:</p>
<blockquote><p>I have never felt able to describe my emotional reactions when I first came face to face with indisputable evidence of Nazi brutality and ruthless disregard of every shred of decency. Up to that time I had known about it only generally or through secondary sources. I am certain, however that I have never at any other time experienced an equal sense of shock . . . as soon as I returned to Patton&#8217;s headquarters that evening I sent communications to both Washington and London, urging the two governments to send instantly to Germany a random group of newspaper editors and representative groups from the national legislatures. I felt that the evidence should be immediately placed before the American and British publics in a fashion that would leave no room for cynical doubt.</p>
<p>-Dwight D. Eisenhower, Crusade in Europe (1977), at 408-09.</p></blockquote>
<p>One can only conclude that the Obama administration is taking refuge in that doubt, or is not prepared to face the consequences in this country once the veil of doubt is lifted.</p>
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		<title>Secret Player Behind Obama&#8217;s Torture-Photos Reversal: Iraqi PM</title>
		<link>http://washingtonindependent.com/45254/secret-player-behind-obamas-torture-photos-reversal-iraqi-pm</link>
		<comments>http://washingtonindependent.com/45254/secret-player-behind-obamas-torture-photos-reversal-iraqi-pm#comments</comments>
		<pubDate>Tue, 02 Jun 2009 13:07:29 +0000</pubDate>
		<dc:creator>Spencer Ackerman</dc:creator>
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		<guid isPermaLink="false">http://washingtonindependent.com/?p=45254</guid>
		<description><![CDATA[<p>Strange as it sounds, Iraqi Prime Minister Nouri al-Maliki was a strong proponent of President Obama&#8217;s decision to reverse course and argue in court that photographs depicting torture of Iraqis by U.S. troops ought to be kept private, <a href="http://www.mcclatchydc.com/iraq/story/69213.html">according to McClatchy&#8217;s Nancy Youssef</a>:</p>
<blockquote><p>The official said Maliki warned that</p></blockquote><p> <a href="http://washingtonindependent.com/45254/secret-player-behind-obamas-torture-photos-reversal-iraqi-pm" class="read_more">More...</a></p>]]></description>
			<content:encoded><![CDATA[<p>Strange as it sounds, Iraqi Prime Minister Nouri al-Maliki was a strong proponent of President Obama&#8217;s decision to reverse course and argue in court that photographs depicting torture of Iraqis by U.S. troops ought to be kept private, <a href="http://www.mcclatchydc.com/iraq/story/69213.html">according to McClatchy&#8217;s Nancy Youssef</a>:</p>
<blockquote><p>The official said Maliki warned that releasing the photos would lead to more violence that could delay the scheduled U.S. withdrawal from cities by June 30 and that Iraqis wouldn&#8217;t make a distinction between old and new photos. The public outrage and increase in violence could lead Iraqis to demand a referendum on the security agreement and refuse to permit U.S. forces to stay until the end of 2011.</p>
<p>Maliki said, &#8220;Baghdad will burn&#8221; if the photos are released, said a second U.S. military official.</p></blockquote>
<p><span id="more-45254"></span>The prospect of losing a popular referendum &#8212; slated to be held, if it occurs at all (it&#8217;s unclear), by July 30 &#8212; that would compel U.S. forces to withdraw from Iraq ahead of the Status of Forces Agreement&#8217;s December 2011 timeframe was also referenced in <a href="http://washingtonindependent.com/45163/is-cheney-going-to-call-odierno-and-petraeus-conspiracy-theorists">statements</a> from Gen. Raymond Odierno, commander of U.S. troops in Iraq, and Gen. David Petraeus, commander of U.S. troops in the Middle East and South Asia, to the Second Circuit Circuit Court of Appeals last week. Petraeus told the court that releasing the photographs would mean &#8220;pressure will mount on the Prime Minister to allow for a national referendum on the Security Agreement and the Strategic Framework Agreement.&#8221; Odierno assessed, &#8220;The release of the photos may incite the Iraqi public and cause the referendum to be defeated.&#8221; He added that &#8220;senior Iraqi officials&#8221; &#8212; he didn&#8217;t mention Maliki by name &#8212; believe that releasing the images would benefit Iraqi rejectionists, who would argue against reconciliation &#8220;with a Government that has aligned itself with a country that committed this abuse.&#8221; (The full statements, in PDF format, are <a href="http://www.aclu.org/pdfs/safefree/acluvdod_motiontorecall.pdf">here</a>.)</p>
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		<title>Retired Gen. Sanchez, Who Set the Stage for Abu Ghraib, Calls for a Torture Truth Commission</title>
		<link>http://washingtonindependent.com/45094/ret-gen-sanchez-who-set-the-stage-for-abu-ghraib-calls-for-a-torture-truth-commission</link>
		<comments>http://washingtonindependent.com/45094/ret-gen-sanchez-who-set-the-stage-for-abu-ghraib-calls-for-a-torture-truth-commission#comments</comments>
		<pubDate>Mon, 01 Jun 2009 16:44:10 +0000</pubDate>
		<dc:creator>Spencer Ackerman</dc:creator>
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		<guid isPermaLink="false">http://washingtonindependent.com/?p=45094</guid>
		<description><![CDATA[<p>Via <a href="http://tpmmuckraker.talkingpointsmemo.com/2009/06/former_top_iraq_commander_calls_for_truth_commissi.php">Zachary Roth at TPMmuckraker</a>, The Huffington Post <a href="http://www.huffingtonpost.com/jack-hidary/general-rick-sanchez-call_b_209573.html">reports</a> that retired Gen. Ricardo Sanchez, commander of U.S. troops in Iraq from 2003 to 2004, called for a truth commission on torture. He&#8217;s the first such Bush-era senior official or military officer who might face sanctions<em> </em> from such <a href="http://washingtonindependent.com/45094/ret-gen-sanchez-who-set-the-stage-for-abu-ghraib-calls-for-a-torture-truth-commission" class="read_more">More...</a></p>]]></description>
			<content:encoded><![CDATA[<p>Via <a href="http://tpmmuckraker.talkingpointsmemo.com/2009/06/former_top_iraq_commander_calls_for_truth_commissi.php">Zachary Roth at TPMmuckraker</a>, The Huffington Post <a href="http://www.huffingtonpost.com/jack-hidary/general-rick-sanchez-call_b_209573.html">reports</a> that retired Gen. Ricardo Sanchez, commander of U.S. troops in Iraq from 2003 to 2004, called for a truth commission on torture. He&#8217;s the first such Bush-era senior official or military officer who might face sanctions<em> </em> from such a commission to propose creating one.<span id="more-45094"></span></p>
<p>Sanchez, you&#8217;ll recall, received a wink-and-nod mixed message from Gen. Geoffrey Miller, then the commander of the Guantanamo Bay detention facility, to &#8220;Gitmo-ize&#8221; interrogations in Iraq. (The mixture in that message is that Guantanamo was supposed to be exempt from the Geneva Conventions while Iraq was supposed to apply them, so &#8220;Gitmo-izing&#8221; meant violating international law that on paper Sanchez was supposed to follow.) Shortly thereafter, Sanchez <a href="http://washingtonindependent.com/44162/more-cheney-truth-squaddery">issued a September 2003 memorandum</a> authorizing SERE-derived interrogation techniques like &#8220;military working dogs, stress positions, sleep deprivation, loud music, and light control.&#8221; Although a scandalized U.S. Central Command withdrew Sanchez&#8217;s memo the following month, the damage was done, <a href="levin.senate.gov/newsroom/supporting/2008/Detainees.121108.pdf">according to the Senate Armed Services Committee&#8217;s recent torture report</a> (pdf), as Abu Ghraib guards and interrogators that fall acted in line with Sanchez&#8217;s instructions. His career basically ended as a result &#8212; well, that and the disastrous war he presided over &#8212; and <a href="http://www.prospect.org/cs/articles?article=the_disgruntled_general">Sanchez has expressed bitterness that his future should have to be blighted</a> by something as trivial as an international disgrace and possible war crime.</p>
<p>Maybe this is Sanchez&#8217;s attempt at accepting responsibility for his failings. He should be commended if so. On the other hand, Sanchez has never really demonstrated an aptitude for strategy, so it could be he&#8217;s blundering into his latest mistake out of an expectation that he&#8217;ll be vindicated.</p>
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		<title>Abu Ghraib Rape and Abuse Photos Were Not the Ones Obama Wants to Suppress After All</title>
		<link>http://washingtonindependent.com/45021/abu-ghraib-rape-and-abuse-photos-were-not-the-ones-obama-wants-to-suppress-after-all</link>
		<comments>http://washingtonindependent.com/45021/abu-ghraib-rape-and-abuse-photos-were-not-the-ones-obama-wants-to-suppress-after-all#comments</comments>
		<pubDate>Sun, 31 May 2009 18:11:57 +0000</pubDate>
		<dc:creator>Daphne Eviatar</dc:creator>
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		<guid isPermaLink="false">http://washingtonindependent.com/?p=45021</guid>
		<description><![CDATA[<p>Turns out the <a href="http://washingtonindependent.com/44710/censored-photos-show-rape-sexual-abuse-of-prisoners">story from the U.K.&#8217;s Daily Telegraph</a> that the photos the Obama administration is refusing to release, despite a court order to do so, are not the same ones that Maj. Gen. Antonia Taguba said depict brutal rapes of prisoners at Abu Ghraib.</p>
<p>At least, so says <a href="http://washingtonindependent.com/45021/abu-ghraib-rape-and-abuse-photos-were-not-the-ones-obama-wants-to-suppress-after-all" class="read_more">More...</a></p>]]></description>
			<content:encoded><![CDATA[<p>Turns out the <a href="http://washingtonindependent.com/44710/censored-photos-show-rape-sexual-abuse-of-prisoners">story from the U.K.&#8217;s Daily Telegraph</a> that the photos the Obama administration is refusing to release, despite a court order to do so, are not the same ones that Maj. Gen. Antonia Taguba said depict brutal rapes of prisoners at Abu Ghraib.</p>
<p>At least, so says <a href="http://www.salon.com/news/feature/2009/05/30/taguba/print.html">Mark Benjamin at Salon</a> and now White House Press Secretary Robert Gibbs.<span id="more-45021"></span></p>
<p>Here&#8217;s the e-mail from Gibbs:</p>
<blockquote><p>A number of you have asked about or reported on a recent article in the <em>Telegraph</em> that inaccurately described photos which are the subject of an ongoing lawsuit. Both the Department of Defense and the White House have said the article was wrong, and now the individual who was purported to be the source of the article has said it’s inaccurate. Given that this false report has been repeated around the world, and given the impact these negative reports have on our troops, I felt it was important for you to see this correction.</p></blockquote>
<p>Turns out the 44 photos that are the subject of the ACLU&#8217;s lawsuit against the government, which President Obama first said he would release and then, after conferring with the CIA and Defense Department, said he wouldn&#8217;t, are not the same photos that Taguba actually saw and <a href="http://washingtonindependent.com/44710/censored-photos-show-rape-sexual-abuse-of-prisoners">described</a> in his 2004 report.</p>
<p>Of course, now that we don&#8217;t have descriptions of the particular photos doesn&#8217;t really change the question of whether the White House should release them.  As <a href="http://washingtonindependent.com/42907/another-take-on-the-torture-photos">I&#8217;ve argued before</a>, I think a federal judge &#8212; not the president unilaterally &#8212; ought to decide whether the information of criminal wrongdoing they allegedly reveal outweighs the potential danger to U.S. troops.</p>
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		<title>Censored Photos Reportedly Show Rape, Sexual Abuse of Prisoners</title>
		<link>http://washingtonindependent.com/44710/censored-photos-show-rape-sexual-abuse-of-prisoners</link>
		<comments>http://washingtonindependent.com/44710/censored-photos-show-rape-sexual-abuse-of-prisoners#comments</comments>
		<pubDate>Thu, 28 May 2009 13:50:32 +0000</pubDate>
		<dc:creator>Daphne Eviatar</dc:creator>
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		<guid isPermaLink="false">http://washingtonindependent.com/?p=44710</guid>
		<description><![CDATA[<p><a href="http://www.telegraph.co.uk/news/worldnews/northamerica/usa/5395830/Abu-Ghraib-abuse-photos-show-rape.html">The Daily Telegraph</a> reports that some of the photos of prisoner abuse that President Obama has refused to release &#8212; after earlier promising to make them public &#8212; depict the brutal rape and sexual abuse of prisoners at Abu Ghraib.</p>
<blockquote><p>At least one picture shows an American soldier apparently raping</p></blockquote><p> <a href="http://washingtonindependent.com/44710/censored-photos-show-rape-sexual-abuse-of-prisoners" class="read_more">More...</a></p>]]></description>
			<content:encoded><![CDATA[<p><a href="http://www.telegraph.co.uk/news/worldnews/northamerica/usa/5395830/Abu-Ghraib-abuse-photos-show-rape.html">The Daily Telegraph</a> reports that some of the photos of prisoner abuse that President Obama has refused to release &#8212; after earlier promising to make them public &#8212; depict the brutal rape and sexual abuse of prisoners at Abu Ghraib.</p>
<blockquote><p>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.</p>
<p>Further photographs are said to depict sexual assaults on prisoners with    objects including a truncheon, wire and a phosphorescent tube.</p>
<p>Another apparently shows a female prisoner having her clothing forcibly    removed to expose her breasts.</p></blockquote>
<p>These details apparently come from retired Maj. Gen. Antonio Taguba, who led an inquiry into the abuse at Abu Ghraib and described allegations of rape and abuse in <a href="http://www.google.com/url?sa=t&amp;source=web&amp;ct=res&amp;cd=1&amp;url=http%3A%2F%2Fwww.npr.org%2Firaq%2F2004%2Fprison_abuse_report.pdf&amp;ei=OZEeSt2GGeGJtgfvye3rAw&amp;usg=AFQjCNHqmhG0Ela9GMGGFOJRvzptRVveFg&amp;sig2=dGuJrGGs9WvIG81GuYYoVQ">a 2004 report</a>, though he never mentioned these photos at that time. The Telegraph reports that Taguba has now confirmed their existence.<span id="more-44710"></span></p>
<p>I&#8217;ve <a href="http://washingtonindependent.com/42907/another-take-on-the-torture-photos">written before</a> that perhaps Obama&#8217;s decision to withhold the photos wasn&#8217;t as outrageous as <a href="http://www.salon.com/opinion/greenwald/2009/05/13/photos/">some have suggested</a>, if they just depict the same abuses we already know about. But these revelations suggest that they depict something more &#8212; which <a href="http://washingtonindependent.com/42907/another-take-on-the-torture-photos">weighs heavily in favor</a> of their disclosure.</p>
<p>Perhaps the most important reason for Obama to release the photos, as a federal court has already ordered him to, is simply that it will re-focus public attention on the torture, humiliation and abuse of prisoners sanctioned by senior Bush administration officials. They could also renew calls for a criminal investigation not just of <a href="http://www.cnn.com/2009/US/04/22/us.torture.karpinski/index.html">&#8220;a few bad apples&#8221;</a> at Abu Ghraib but of the higher-ups who, given the recently released Office Of Legal Counsel memos that explicitly <a href="http://washingtonindependent.com/32074/olc-memo-authorized-torture-of-us-prisoners-held-on-foreign-soil">authorized torture on foreign soil</a>, likely paved the way for the abuse.</p>
<p>In recent weeks, Republicans have managed to shift the focus from the criminal acts of the past administration to, ironically, terrorizing the U.S. population about the possible transfer of alleged al-Qaeda supporters imprisoned at Guantanamo Bay to maximum-security prisons in the United States.</p>
<p>The release of photos depicting the rape of prisoners held by U.S. forces would shift the attention back where it belongs &#8212; to the real criminal acts that occurred.</p>
<p>Of course, that may be exactly why Obama, who&#8217;s still intent on not &#8220;looking backward,&#8221; doesn&#8217;t want to release them.</p>
<p>&#8211;</p>
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		<title>More Cheney Truth-Squaddery</title>
		<link>http://washingtonindependent.com/44162/more-cheney-truth-squaddery</link>
		<comments>http://washingtonindependent.com/44162/more-cheney-truth-squaddery#comments</comments>
		<pubDate>Fri, 22 May 2009 14:39:41 +0000</pubDate>
		<dc:creator>Spencer Ackerman</dc:creator>
				<category><![CDATA[Blog (deprecated)]]></category>
		<category><![CDATA[National Security]]></category>
		<category><![CDATA[Obama]]></category>
		<category><![CDATA[Politics]]></category>
		<category><![CDATA[Abu Ghraib]]></category>
		<category><![CDATA[alberto gonzales]]></category>
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		<category><![CDATA[detainees]]></category>
		<category><![CDATA[dick cheney]]></category>
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		<category><![CDATA[Torture]]></category>

		<guid isPermaLink="false">http://washingtonindependent.com/?p=44162</guid>
		<description><![CDATA[<p>McClatchy does a good job outlining the &#8220;<a href="http://www.mcclatchydc.com/national-security/story/68643.html">omissions, exaggerations and misstatements</a>&#8221; in former Vice President Dick Cheney&#8217;s speech at the American Enterprise Institute yesterday. (That&#8217;s via <a href="http://firedoglake.com/2009/05/22/including-every-mumbled-and-the/">Attaturk</a>.) For real granular detail, check out <a href="http://www.niemanwatchdog.org/index.cfm?fuseaction=background.view&#38;backgroundid=00351">Dan Froomkin&#8217;s take at Neiman Watchdog</a>. In particular, Froomkin takes on Cheney&#8217;s <a href="http://washingtonindependent.com/39933/report-details-origins-of-bush-era-interrogation-policies">debunked</a> <a href="http://washingtonindependent.com/44162/more-cheney-truth-squaddery" class="read_more">More...</a></p>]]></description>
			<content:encoded><![CDATA[<p>McClatchy does a good job outlining the &#8220;<a href="http://www.mcclatchydc.com/national-security/story/68643.html">omissions, exaggerations and misstatements</a>&#8221; in former Vice President Dick Cheney&#8217;s speech at the American Enterprise Institute yesterday. (That&#8217;s via <a href="http://firedoglake.com/2009/05/22/including-every-mumbled-and-the/">Attaturk</a>.) For real granular detail, check out <a href="http://www.niemanwatchdog.org/index.cfm?fuseaction=background.view&amp;backgroundid=00351">Dan Froomkin&#8217;s take at Neiman Watchdog</a>. In particular, Froomkin takes on Cheney&#8217;s <a href="http://washingtonindependent.com/39933/report-details-origins-of-bush-era-interrogation-policies">debunked</a> <a href="http://washingtonindependent.com/44018/the-text-of-dick-cheneys-speech-at-aei">claim</a> that there can be no parallel drawn between the &#8220;disgraces of Abu Ghraib with the lawful, skillful, and entirely honorable work of CIA personnel.&#8221;</p>
<p>First off &#8212; and you know what, just <a href="http://www.slate.com/id/2218762/?from=rss">read Fred Kaplan for a rebuttal to the dishonest phraseology</a> there &#8212; we can stipulate that no one in the Bush administration <em>wanted</em> soldiers to, say, menace Iraqi detainees with dogs or put panties on their heads or smear them with excrement. But they&#8217;re responsible for how their redefinitions of torture were going to squeeze the torture toothpaste out of the legal tube, and once out, it smeared across the sink of the national security apparatus. (I regret the analogy already.) Let&#8217;s explore this, taking only the most <em>generous</em> interpretations of the Bush administration.<span id="more-44162"></span></p>
<p>Froomkin, relying on &#8220;<a href="http://www.amazon.com/Torture-Team-Rumsfelds-Betrayal-American/dp/0230603904/ref=sr_1_1?ie=UTF8&amp;s=books&amp;qid=1242999420&amp;sr=8-1">Torture Team</a>&#8221; author Philippe Sands, points to the Senate intelligence committee&#8217;s narrative about the <a href="http://washingtonindependent.com/40206/now-this-is-how-you-guarantee-getting-the-conclusions-you-want">April to July 2002 meetings between lawyers for the CIA, the National Security Council and the Justice Department&#8217;s Office of Legal Counsel</a> concerning the <a href="http://washingtonindependent.com/40159/sere-suckers-contd-send-lawyers-waterboards-and-money">interrogation of al-Qaeda captive Abu Zubaydah</a>. Those meetings, <a href="http://washingtonindependent.com/43909/james-mitchell-asked-please-can-i-torture-abu-zubaydah-did-alberto-gonzales-say-yes">fueled by torture advocacy from a CIA contractor and SERE psychologist named James Mitchell from the black site where Abu Zubaydah was held</a>, led to the Office of Legal Counsel&#8217;s Aug. 1, 2002 memos blessing harsh interrogations. Now: notice who&#8217;s <em>not</em> in those meetings. That&#8217;s right &#8212; Defense Department counsel Jim Haynes. Haynes can plausibly claim he wasn&#8217;t in the room when the Bush administration aired controversies over how to interrogate Abu Zubaydah, or when it parsed what was and wasn&#8217;t torture. All he would have seen was the end product: the OLC August 2002 memorandum justifying torture. And that memo, Froomkin reminds us, was said not to be controlling on the administration &#8212; merely an academic exercise, <a href="http://georgewbush-whitehouse.archives.gov/news/releases/2004/06/20040622-14.html">in the portrayal of Alberto Gonzales in 2004</a>, after its release. So let&#8217;s assume that for now.</p>
<p>Ah, but in September 2002, CIA lawyer Jonathan Fredman &#8212; <a href="http://washingtonindependent.com/42321/cia-lawyer-involved-in-interrogation-policy-defends-character">by his own admission</a> &#8212; was <a href="http://washingtonindependent.com/40110/key-player-in-enhanced-interrogations-still-at-cia">brought into the Defense Department&#8217;s Guantanamo Bay detention facility to discuss what was legally permissible for the CIA in interrogations</a>. Before that meeting, lawyers at Guantanamo, who weren&#8217;t read into the spring 2002 interrogation deliberations, had no way of knowing what authorizations the CIA enjoyed. (There was a<a href="http://washingtonindependent.com/42166/fredman-memo"> CIA contingent at Guantanamo</a> in the detention center&#8217;s early years. Its activities have gone unexplored.) But afterwards, <a href="http://washingtonindependent.com/39933/report-details-origins-of-bush-era-interrogation-policies">according to the Senate Armed Services Committee&#8217;s 2008 bipartisan report into the origins of interrogation and detention policy for the Defense Department</a>, Guantanamo officials requested authorization for a passel of similar interrogation techniques up through their chain of command, reaching the Office of the Secretary of Defense by the fall. After meeting with uniformed resistance to such approval &#8212; the services&#8217; lawyers considered it a dangerous precedent that would place U.S. troops in legal jeopardy; and even more jeopardy if captured by an enemy &#8212; Haynes told a Pentagon working group on detentions and interrogations to use an updated version OLC&#8217;s August 2002 memo as the &#8220;controlling authority for all questions of domestic and international law.&#8221; (That&#8217;s according to the Senate committee&#8217;s report, pages 118-120.) John Yoo from OLC produced that memo, signed <a href="http://balkin.blogspot.com/2008/04/march-2003-yoo-memo-emerges-not-april.html">March 14, 2003</a>.</p>
<p>All of a sudden, a determination of what was legal for the <em>CIA</em> in interrogations now guided the <em>Pentagon</em> in interrogations. Remember, we&#8217;re still assuming that Haynes didn&#8217;t know that was controversial. We&#8217;re looking on the sunny side here! Navy general counsel Alberto Mora told the Senate that any contributions from working group members &#8220;began to be rejected if they did not conform to the OLC guidance.&#8221; The lawyer for the chairman of the Joint Chiefs of Staff described herself as &#8220;very angry&#8221; after Haynes&#8217; office told her to rely on that memo. On April 16, 2003, Defense Secretary Donald Rumsfeld issued a new Guantanamo guidance for interrogation incorporating the OLC-fueled legal advice. &#8220;Stress positions,&#8221; dietary manipulation, sleep deprivation and other techniques approved for the CIA were now official policy for Guantanamo.</p>
<p>Within months, concerns over the efficacy of interrogations in Iraq led the commander of the Guantanamo Bay detention facility, Maj. Gen. Geoffrey Miller, to visit Iraq from Aug. 31 to Sept. 10, 2003 and deliver to the commanding general there, Lt. Gen. Ricardo Sanchez, instructions to &#8220;<a href="http://www.pbs.org/wgbh/pages/frontline/torture/interviews/karpinski.html#3">Gitmo-ize</a>&#8221; Abu Ghraib. At the same time, Abu Ghraib&#8217;s  interrogations chief, Capt. Carolyn Wood, who had served as the interrogation operations officer at Afghanistan&#8217;s Bagram detention facility, submitted a &#8220;wish list&#8221; of interrogation techniques to her chain of command. This is what the Senate Armed Services Committee&#8217;s report had to say about that, on page 170 of its report:</p>
<blockquote><p>Techniques in CPT Wood&#8217;s proposed policy can be traced back to the [Special Mission Unit Task Force] in Iraq to Afghanistan and, ultimately, to techniques authorized for use at GTMO by Secretary Rumsfeld in December 2002. The GTMO techniques were, in turn, influenced by techniques used by the Joint Personnel Recovery Agency and the military service SERE schools to train U.S. personnel to resist illegal enemy interrogations.</p></blockquote>
<p>Sanchez, on Sept. 14, 2003, issued a new interrogation policy for Abu Ghraib after Miller&#8217;s visit, incorporating Wood&#8217;s request and the &#8220;Gitmo-ization&#8221; rules. Central Command was so shocked by its call for &#8220;military working dogs, stress positions, sleep deprivation, loud music, and light control&#8221; that it ordered him to revise the policy, which he did on Oct. 12, taking away most of those techniques, but adding, &#8220;Should working dogs be present during interrogations, they will be muzzled and under the control of a handler at all times to ensure safety.&#8221; Dog teams arrived at Abu Ghraib; lax controls over the separation between prison guards and prison interrogators broke down; and what happened at Abu Ghraib between September and December 2003 &#8212; &#8220;<a href="http://edition.cnn.com/2004/WORLD/meast/05/04/iraq.abuse/">numerous incidents of sadistic, blatant and wanton criminal abuses</a>,&#8221; as an investigator, Maj. Gen. Antonio Taguba determined &#8212; was the result.</p>
<p>Notice that this is a straight line between the the CIA interrogation program at Abu Ghraib, moving like a game of telephone. At each stage, an important safeguard or restriction assumed at an earlier stage &#8212; the techniques apply only to the CIA; the techniques are to be used only on Geneva-exempted enemy combatants; the techniques are to be applied only by interrogators &#8212; breaks down. Not once do you have to assume that the Bush administration&#8217;s principals <em>wanted </em>abuse to happen to reach this conclusion. This is why the law exists, after all: to prevent unintended consequences by well-meaning individuals that veer off into horror. Redefining the law on torture leads to what a <a href="http://washingtonindependent.com/1833/how-the-torture-migrated">2004 Pentagon investigation called the &#8220;migration&#8221; of so-called &#8220;enhanced interrogation&#8221; techniques</a> &#8212; even if that investigation didn&#8217;t have any mandate for discovering that the origins of those techniques came from CIA programs approved at the highest levels of the Bush administration.</p>
<p>Now, however, I&#8217;ve spent about two hours and almost 1200 words chasing an inaccurate Dick Cheney claim down the rabbit hole. So I credit him with that victory. He makes an outlandish and misleading claim; I scramble to point out what&#8217;s wrong with it. Nothing I&#8217;ve written is particularly new or unfamiliar to the public record. But that doesn&#8217;t stop Cheney from saying what he says.</p>
<p>&#8211;</p>
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