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	<title>The Washington Independent &#187; Donald Rumsfeld</title>
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		<title>Rumsfeld a special guest at Allen West fundraising breakfast</title>
		<link>http://washingtonindependent.com/114644/rumsfeld-a-special-guest-at-allen-west-fundraising-breakfast</link>
		<comments>http://washingtonindependent.com/114644/rumsfeld-a-special-guest-at-allen-west-fundraising-breakfast#comments</comments>
		<pubDate>Thu, 27 Oct 2011 19:30:00 +0000</pubDate>
		<dc:creator>admin</dc:creator>
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		<guid isPermaLink="false">http://washingtonindependent.com/114644/rumsfeld-a-special-guest-at-allen-west-fundraising-breakfast</guid>
		<description><![CDATA[<p>Former Defense Secretary Donald Rumsfeld appeared today at a Washington, D.C. breakfast fundraiser for Rep. Allen West, R-Fort Lauderdale, with suggested contributions from $500 to $2,500. West, a former lieutenant colonel, resigned from the Army in 2003 after “it was disclosed that <a href="http://www.nytimes.com/2004/03/21/world/struggle-for-iraq-military-6-gi-s-iraq-are-charged-with-abuse-prisoners.html?pagewanted=2" target="_blank">he fired a pistol</a> near [an Iraqi] detainee during <a href="http://washingtonindependent.com/114644/rumsfeld-a-special-guest-at-allen-west-fundraising-breakfast" class="read_more">More...</a></p>]]></description>
			<content:encoded><![CDATA[<p>Former Defense Secretary Donald Rumsfeld appeared today at a Washington, D.C. breakfast fundraiser for Rep. Allen West, R-Fort Lauderdale, with suggested contributions from $500 to $2,500. West, a former lieutenant colonel, resigned from the Army in 2003 after “it was disclosed that <a href="http://www.nytimes.com/2004/03/21/world/struggle-for-iraq-military-6-gi-s-iraq-are-charged-with-abuse-prisoners.html?pagewanted=2" target="_blank">he fired a pistol</a> near [an Iraqi] detainee during an interrogation, apparently in an effort to frighten the man into disclosing information about impending attacks.” <a href="http://www.nytimes.com/2008/12/12/washington/12detainee.html?ref=donaldhrumsfeld" target="_blank">Rumsfeld</a> was secretary of defense at the time.<span id="more-114644"></span></p>
<p>According to <a href="http://politicalpartytime.org/party/28951/" target="_blank">politicalpartytime.org</a>, the fundraiser was hosted by the Van Scoyoc Associates <a href="http://www.opensecrets.org/pacs/lookup2.php?cycle=2012&amp;strID=C00369058" target="_blank">Political Action Commitee</a> and <a href="http://www.vsadc.com/people/buzz-hefti/" target="_blank">Marlin “Buzz” Hefti</a>, vice president of Van Scoyoc since 2002 and former principal deputy assistant secretary of defense for legislative affairs in the George W. Bush administration.</p>
<p><a href="http://www.vsadc.com/" target="_blank">Van Scoyoc Associates</a> is a D.C. lobbying firm that “provides companies, nonprofits, universities, research centers, towns, cities, and other organizations with a full menu of services to achieve their goals,” with an extensive list of clients in the United States, including <a href="http://www.vsadc.com/clients/" target="_blank">Florida</a>.</p>
<p>According to <a href="http://www.opensecrets.org/politicians/summary.php?cid=N00029131&amp;newmem=Y" target="_blank">Open Secrets</a>, West has raised, as of Sept. 30, more than $4 million for his 2012 reelection bid.</p>
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		<title>For foreign policy pointers, Rumsfeld pointed Perry to Bush-era neocons</title>
		<link>http://washingtonindependent.com/110252/for-foreign-policy-pointers-rumsfeld-pointed-perry-to-bush-era-neocons</link>
		<comments>http://washingtonindependent.com/110252/for-foreign-policy-pointers-rumsfeld-pointed-perry-to-bush-era-neocons#comments</comments>
		<pubDate>Wed, 20 Jul 2011 21:45:48 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[National Security]]></category>
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		<guid isPermaLink="false">http://washingtonindependent.com/110252/for-foreign-policy-pointers-rumsfeld-pointed-perry-to-bush-era-neocons</guid>
		<description><![CDATA[<p>The <strong><a href="http://www.nationalreview.com/corner/272021/perrys-briefing-katrina-trinko" class="external" rel="nofollow" target="_blank">National Review reported</a></strong> last week that Gov. Rick Perry is reaching out to veterans of the George W. Bush White House for foreign policy tips, meeting with former under secretary of defense Douglas Feith and former special assistant to the president William Luti.</p>
<p>Feith, along with Paul Wolfowitz, headed <a href="http://washingtonindependent.com/110252/for-foreign-policy-pointers-rumsfeld-pointed-perry-to-bush-era-neocons" class="read_more">More...</a></p>]]></description>
			<content:encoded><![CDATA[<p>The <strong><a  href="http://www.nationalreview.com/corner/272021/perrys-briefing-katrina-trinko" class="external" rel="nofollow" target="_blank">National Review reported</a></strong> last week that Gov. Rick Perry is reaching out to veterans of the George W. Bush White House for foreign policy tips, meeting with former under secretary of defense Douglas Feith and former special assistant to the president William Luti.</p>
<p>Feith, along with Paul Wolfowitz, headed the Office of Special Plans under Defense Secretary Donald Rumsfeld, tasked with digging up raw intelligence on Saddam Hussein before the war began — specifically ties between Iraq and Al Qaeda.</p>
<p>Today, <strong><a  href="http://www.politico.com/blogs/bensmith/0711/Rumsfeld_had_role_in_Perry_meeting.html" class="external" rel="nofollow" target="_blank">Politico&#8217;s Ben Smith reports</a></strong> that Perry reached out to Rumsfeld himself for tips on foreign policy contacts:</p>
<blockquote><p>Perry&#8217;s aides have been tight-lipped about the gathering, which National Review reported included former Rumsfeld aides Doug Feith, Daniel Fata, and William Luti, as well as the magazine&#8217;s Andrew McCarthy and others. But I&#8217;m told Rumsfeld helped steer Perry&#8217;s staff to the low-key advisory group, and his detainee adviser Cully Stimson was also invited, but couldn&#8217;t attend.</p>
</blockquote>
<p>Stimson ran the Department of Defense&#8217;s detainee affairs office, overseeing prisoners in Guantanamo Bay, Iraq and Afghanistan. Fata, at the Department of Defense under Rumsfeld and Robert Gates, focused on Europe and NATO.</p>
<p>Feith, now a senior fellow at the Hudson Institute, <strong><a  href="http://www.washingtonpost.com/wp-dyn/content/article/2008/03/08/AR2008030802724.html" class="external" rel="nofollow" target="_blank">slammed many of his former colleagues</a></strong> on the Iraq war in his 2008 memoir.</p>
<p>Despite few other indicators as to how Perry would handle foreign policy, <strong><a  href="http://prospect.org/csnc/blogs/adam_serwer_archive?month=07&#038;year=2011&#038;base_name=rick_perry_the_most_neocon_fri" class="external" rel="nofollow" target="_blank">Adam Serwer at the American Prospect suggests</a></strong>, based on that lineup of visitors, &#8220;Perry would be the candidate most likely to inherit the former president&#8217;s foreign policy views.&#8221;</p>
<p>Till now, Perry&#8217;s foreign policy experience has centered on the Texas-Mexico border, where he&#8217;s criticized the Obama administration for its &#8220;<strong><a  href="http://blog.chron.com/texaspolitics/2011/07/rick-perry-says-federal-border-security-effort-is-grossly-inadequate/" class="external" rel="nofollow" target="_blank">grossly inadequate</a></strong>&#8221; defense, and dispatched Texas Department of Public Safety officers and helicopters for additional defense.</p>
<p>As the <strong><a  href="http://www.texastribune.org/texas-politics/2012-presidential-election/perry-wades-into-israeli-palestinian-conflict/" class="external" rel="nofollow" target="_blank">Texas Tribune reported</a></strong> in late June, Perry also staked out his turf in the Israel-Palestine debate, with a letter to U.S. Attorney General Eric Holder, criticizing attempts to protest Israel&#8217;s naval blockade of Gaza.</p>
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		<title>Mixed reactions for Panetta-Petraeus Defense-CIA announcements</title>
		<link>http://washingtonindependent.com/108662/mixed-reactions-for-panetta-petraeus-defense-cia-announcements</link>
		<comments>http://washingtonindependent.com/108662/mixed-reactions-for-panetta-petraeus-defense-cia-announcements#comments</comments>
		<pubDate>Wed, 27 Apr 2011 18:08:53 +0000</pubDate>
		<dc:creator>admin</dc:creator>
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		<category><![CDATA[leon panetta]]></category>
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		<guid isPermaLink="false">http://washingtonindependent.com/108662/mixed-reactions-for-panetta-petraeus-cia-defense-swap</guid>
		<description><![CDATA[<p>The <a href="http://www.americanindependent.com/181133/obama-on-birth-certificate-questions-we-do-not-have-time-for-this-kind-of-silliness">release of President Obama’s long-form birth certificate </a>has overshadowed another major story coming out of the administration today. <a href="http://www.washingtonpost.com/world/national-security/obama-expected-to-announce-national-security-team-changes-this-week/2011/04/26/AF6qMttE_story.html?hpid=z1">Multiple sources within the Pentagon</a> have told the AP and reporters from other publications that President Obama intends to nominate current CIA director Leon Panetta to fill the position <a href="http://washingtonindependent.com/108662/mixed-reactions-for-panetta-petraeus-defense-cia-announcements" class="read_more">More...</a></p>]]></description>
			<content:encoded><![CDATA[<p>The <a href="http://www.americanindependent.com/181133/obama-on-birth-certificate-questions-we-do-not-have-time-for-this-kind-of-silliness">release of President Obama’s long-form birth certificate </a>has overshadowed another major story coming out of the administration today. <a href="http://www.washingtonpost.com/world/national-security/obama-expected-to-announce-national-security-team-changes-this-week/2011/04/26/AF6qMttE_story.html?hpid=z1">Multiple sources within the Pentagon</a> have told the AP and reporters from other publications that President Obama intends to nominate current CIA director Leon Panetta to fill the position held by outgoing Secretary of Defense Robert Gates, and that Gen. David Petraeus will be chosen to replace Panetta at the CIA.</p>
<p>The selection of two outsiders — Petraeus has no experience in the realm of pure intelligence work, while Panetta hasn’t had military experience, other than tangentially in his two years as CIA director, since his discharge from the Army in 1966 — to fill the posts may seem an odd choice. The two men’s backgrounds, however, may provide clues as to why each was chosen for the job.</p>
<p>Petraeus’s popularity, spanning both party lines and the civilian-military divide (<a href="http://www.gallup.com/poll/141248/americans-behind-petraeus-tough-job-afghanistan.aspx">at least among members of the public who know who he is</a>), is sure to be an asset in the position, as it has been in his capacity as the head of military operations in Afghanistan. More pointedly, <a href="http://www.wired.com/dangerroom/2011/04/drones-rejoice-petraeus-to-head-cia-panetta-to-pentagon/">Wired’s Spencer Ackerman theorizes</a> that Petraeus’s endorsement of unmanned drone strikes and special operations raids like those undertaken in Afghanistan and Pakistan hews closely to the Obama administration&#8217;s preferred methods of using the CIA in counterterror efforts, with drone strikes and shadow operations.</p>
<p>Panetta, meanwhile, got the CIA post to begin with in part because of his success steering President Bill Clinton’s Office of Management and Budget through the fat years of the mid-‘90s. Panetta later became Clinton’s chief of staff. His experience with budgets — he also headed up the House Budget Committee for years prior to leaving the world of elected office for Clintonian pastures — could be a sign that the administration is looking for a numbers man to justify <a href="https://www.americanindependent.com/173014/actual-defense-spending-far-higher-than-conventionally-reported-figures-says-analyst">bloated defense spending</a>. Until the administration officially confirms its picks, however, it won’t be forthcoming with explanations for its choices.</p>
<p>The news hasn’t inspired a uniformly optimistic reaction from intelligence or defense insiders. Ackerman reports in Wired that Heather Hurlburt, executive director of the left-leaning National Security Network, contends that Panetta, at least, will be entering a no-win situation once he takes over the Defense Department:</p>
<blockquote><p>“He’ll never live up to what building wants or has come to expect,” Hurlburt says of Panetta. “Gates tried to prepare them that this is coming, and cushion the building for what’s coming, but that’s not tenable. It’s an unenviable task.”</p></blockquote>
<p>The response from the right has been similarly lukewarm:</p>
<blockquote><p>[H]e’s generating cautious, first-blush optimism from defense watchers, even among the administration’s political opponents. “Safe choice,” says James Jay Carafano of the conservative Heritage Foundation, which has accused Gates and Obama of cutting defense too deeply. With both Petraeus and Panetta, “no one is going to question whether they are qualified.” Even Gates’ predecessor, Donald Rumsfeld, no fan of Obama, tweeted that Panetta and Petraeus are “outstanding leaders.”</p></blockquote>
<p>Ackerman does not mention, however, that Rumsfeld’s tweet on Panetta and Petraeus was qualified by a <a href="http://twitter.com/#!/RumsfeldOffice/status/63239153122426881">followup</a>:</p>
<blockquote><p>&#8230;5 DCIs 5 US ambs &amp; 7 mil cdrs in Afg over 7 yrs: No matter how capable the individual, musical chairs makes it impossible to find footing</p></blockquote>
<p>Rumsfeld’s un-self-conscious criticism of the U.S.’s handling of the war in Afghanistan comes despite his role as the U.S. Defense secretary during the initial invasion, as well as the invasion of Iraq.</p>
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		<title>Rand Paul slams Obama for not seeking Congress&#8217; approval on Libya</title>
		<link>http://washingtonindependent.com/107477/rand-paul-slams-obama-for-not-seeking-congress-approval-on-libya</link>
		<comments>http://washingtonindependent.com/107477/rand-paul-slams-obama-for-not-seeking-congress-approval-on-libya#comments</comments>
		<pubDate>Mon, 04 Apr 2011 18:39:37 +0000</pubDate>
		<dc:creator>admin</dc:creator>
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		<guid isPermaLink="false">http://washingtonindependent.com/107477/rand-paul-slams-obama-for-not-seeking-congress-approval-on-libya</guid>
		<description><![CDATA[<p>DES MOINES &#8212; U.S. Sen. <a href="http://iowaindependent.com/tag/rand-paul">Rand Paul</a> (R-Ky.) told a crowd of Republican officials and activists in Des Moines over the weekend that President <a href="http://iowaindependent.com/tag/president-obama">Barack Obama</a> should have come to Congress before taking military action in the Middle East, as President <a href="http://iowaindependent.com/tag/george-w-bush">George W. Bush</a> did for Afghanistan <a href="http://washingtonindependent.com/107477/rand-paul-slams-obama-for-not-seeking-congress-approval-on-libya" class="read_more">More...</a></p>]]></description>
			<content:encoded><![CDATA[<p>DES MOINES &#8212; U.S. Sen. <a href="http://iowaindependent.com/tag/rand-paul">Rand Paul</a> (R-Ky.) told a crowd of Republican officials and activists in Des Moines over the weekend that President <a href="http://iowaindependent.com/tag/president-obama">Barack Obama</a> should have come to Congress before taking military action in the Middle East, as President <a href="http://iowaindependent.com/tag/george-w-bush">George W. Bush</a> did for Afghanistan and Iraq.</p>
<p><span id="more-107477"></span></p>
<p>&#8220;Now, President Bush got a lot of grief from a lot of different angles for the Afghanistan War and the Iraq War,&#8221; Paul said. &#8220;But you know what? In both instances, he came to Congress and Congress at least voted on it before we went.&#8221;</p>
<p>President <a href="http://iowaindependent.com/tag/barack-obama">Obama</a> sets a terrible precedent with committing to military involvement in Libya, Paul said, and went on to assert the President cares more about the United Nations than Congress.</p>
<p>Even though Congress did vote on military action, many people remain critical of Bush for not asking for a formal Congressional declaration of war. One of the most critical voices of Bush&#8217;s handling of the wars in the Middle East has been Sen. Paul&#8217;s father, U.S. Rep. Ron Paul (R-Texas). In January, at the beginning of the current session of Congress, Congressman Paul entered <a href="http://www.bushdecisionpoints.net/2011/02/ron-paul-enters-evidence-of-bush-war_15.html" target="_blank">evidence of alleged war crimes</a> Bush was responsible for into Congressional Record via a speech on the floor of the U.S. House of Representatives.</p>
<p>Ron Paul&#8217;s <a href="http://www.rawstory.com/rs/2011/02/10/paul-backers-crash-cheney-rumsfeld-reunion/" target="_blank">supporters heckled</a> Vice-President <a href="http://iowaindependent.com/tag/dick-cheney" target="_blank">Dick Cheney</a> and former Secretary of Defense <a href="http://iowaindependent.com/tag/donald-rumsfeld" target="_blank">Donald Rumsfeld</a> at the 2011 Conservative Political Action Conference, calling them &#8220;war criminals.&#8221;</p>
<p><a href="http://www.nationalpolls.com/2008/articles/president-bush-takes-swipe-at-ron-paul.html" target="_blank">Bush had to defend himself</a> against Congressman Paul&#8217;s consistent criticism of the Bush administration&#8217;s foreign policy, as Paul called for a non-interventionist approach. Paul was one of six Republicans to vote against the Iraq Resolution and consistently <a href="http://www.youtube.com/watch?v=vyiOGVLfy7w" target="_blank">said both wars were illegal</a> partly because Congress never declared war.</p>
<p>Sen. Paul was speaking at the <a href="http://iowaindependent.com/tag/iowa-gop">Iowa GOP</a>&#8216;s &#8220;Night of the Rising Stars&#8221; event Saturday. The Senator said the most important vote Congress ever takes is whether or not to send armed forces to war, and pledged to fight against it in the coming weeks.</p>
<p>He also told a story about the former owner of his congressional desk, Henry Clay, who was known as the &#8220;Great Compromiser.&#8221; Paul said there were some deeply held beliefs Congressmen should never compromise on, such as slavery, on which Clay did broker compromises.</p>
<p>&#8220;Now some would say the issues we deal with today have no moral equivalency today as slavery,&#8221; Paul said. &#8220;But I would say that when we think about things, there are questions we should ask. Can a civilization long endure that doesn&#8217;t respect life? Will we be judged at some point in time on whether we stood up and said that the law and the land should respect the unborn?&#8221;</p>
<p>That remark earned Paul&#8217;s most extended round of applause of the night.</p>
<p>He said the country was facing fast approaching a &#8220;day of reckoning,&#8221; to reach the point when the U.S. can no longer pay its bills and destroy its currency as a result of the deficit and the debt owed to other countries.</p>
<p>Paul pledged deep cuts in the federal budget. He said while Congress debates cuts near $32 billion, people in his home district tell him cutting $500 billion would be &#8220;a good start.&#8221;</p>
<p>U.S. Sen. <a href="http://iowaindependent.com/tag/chuck-grassley">Chuck Grassley</a> (R-Iowa) introduced Paul and said he&#8217;d like to see spending levels back to 2008 numbers, although the federal deficit grew under Bush.</p>
<p>Paul also took a shot at U.S. Sen <a href="http://iowaindependent.com/tag/tom-harkin">Tom Harkin</a> (D-Iowa) as he opened his speech, describing a debate he had on the floor of the Senate with him.</p>
<p>He said he told Harkin there could be more investment in infrastructure and education if people didn&#8217;t have to pay &#8220;Chicago union scale wages&#8221; in Iowa or Kentucky, to which he said Harkin told him, &#8220;You can&#8217;t have any kind of quality products made unless they&#8217;re made by union workers.&#8221; The crowd groaned, and Paul said you would have to throw out 95 percent of the products you consume if Harkin&#8217;s statement was true.</p>
<p>Paul didn&#8217;t make any references to his own speculation of a White House run, but said Iowans needed to find the right Republican to run in 2012. Senator Paul will return in the summer for a Faith &#038; Freedom Coalition event, alongside other potential 2012 candidates.</p>
<p><iframe title="YouTube video player" width="640" height="390" src="http://www.youtube.com/embed/8bGGQqEPteU" frameborder="0" allowfullscreen></iframe></p>
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		<title>Woman Military Interrogator Describes Being &#8216;a Mother Figure&#8217; for &#8216;Omar&#8217;</title>
		<link>http://washingtonindependent.com/83691/woman-military-interrogator-describes-being-a-mother-figure-for-omar</link>
		<comments>http://washingtonindependent.com/83691/woman-military-interrogator-describes-being-a-mother-figure-for-omar#comments</comments>
		<pubDate>Fri, 30 Apr 2010 18:25:27 +0000</pubDate>
		<dc:creator>Spencer Ackerman</dc:creator>
				<category><![CDATA[Blog (deprecated)]]></category>
		<category><![CDATA[Law]]></category>
		<category><![CDATA[National Security]]></category>
		<category><![CDATA[Obama]]></category>
		<category><![CDATA[afghanistan]]></category>
		<category><![CDATA[bagram]]></category>
		<category><![CDATA[Donald Rumsfeld]]></category>
		<category><![CDATA[guantanamo bay]]></category>
		<category><![CDATA[military commissions]]></category>
		<category><![CDATA[number 11]]></category>
		<category><![CDATA[omar khadr]]></category>
		<category><![CDATA[osama bin laden]]></category>
		<category><![CDATA[Robert Fuller]]></category>

		<guid isPermaLink="false">http://washingtonindependent.com/?p=83691</guid>
		<description><![CDATA[<p>GUANTANAMO BAY &#8212; A youthful-looking woman in a gray suit with long brown hair is known only to us as Interrogator Number 11. She was a military interrogator at Guantanamo Bay who interrogated the detainee she refers to as &#8220;Omar&#8221; from October 28, 2002 until November 14, 2002. The timeline <a href="http://washingtonindependent.com/83691/woman-military-interrogator-describes-being-a-mother-figure-for-omar" class="read_more">More...</a></p>]]></description>
			<content:encoded><![CDATA[<p>GUANTANAMO BAY &#8212; A youthful-looking woman in a gray suit with long brown hair is known only to us as Interrogator Number 11. She was a military interrogator at Guantanamo Bay who interrogated the detainee she refers to as &#8220;Omar&#8221; from October 28, 2002 until November 14, 2002. The timeline indicates she was the first interrogator, and certainly the first military interrogator, to interrogate Omar Khadr after FBI Special Agent Robert Fuller queried Khadr in Bagram. The thrust of her testimony is simple: Not only did Khadr talk to her voluntarily, he was personally warm to her.</p>
<p>Far from the picture of coercion painted by Khadr&#8217;s attorneys, Number 11 testified, &#8220;It was a very relaxed, open, very friendly atmosphere. He smiled a lot. Always willing to talk.&#8221; As part of what was called a Tier Three interrogation team, she interrogated Omar twelve times, first in a hospital ward and later in one of 20 interrogation rooms in two trailers in the detention facility&#8217;s early days. Number 11 said she was specifically assigned to Khadr because she could be &#8220;more of a mother figure for him, and he could relate to me.&#8221;<span id="more-83691"></span></p>
<p>In Number 11&#8242;s telling, it worked. She said Khadr told her, &#8220;I would rather be with you than bored in my cell &#8230; anytime, call me.&#8221; She said she never heard a thing about Khadr being in any way abused, and specifically talked about seeing what she called the &#8220;Rumsfeld Memos&#8221; authorizing more abusive treatment for detainees &#8212; and said she specifically forswore using any. In return, she said Khadr provided &#8220;detailed information&#8221; about al-Qaeda&#8217;s training camps, guest houses and chain of command. &#8220;He would always say to me his father was fourth in command for UBL,&#8221; the military acronym for Osama bin Laden. &#8220;He&#8217;s met Osama bin Laden. He&#8217;s met his wives, his children, at the Jalalabad compound. &#8230; He played with his children.&#8221;</p>
<p>&#8220;Omar,&#8221; she said, was a cooperative and talkative interlocutor, even correcting spellings, pronunciation and timelines when she misstated them in her notes or mis-recited them to him. On several occasions, Number 11 testified, she would &#8220;not even have to ask follow-up information because he [gave] such detailed information. He was very alert.&#8221;</p>
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		<title>Gates Orders Review of All Pentagon Information-Operations Programs</title>
		<link>http://washingtonindependent.com/80193/gates-orders-review-of-all-pentagon-information-operations-programs</link>
		<comments>http://washingtonindependent.com/80193/gates-orders-review-of-all-pentagon-information-operations-programs#comments</comments>
		<pubDate>Wed, 24 Mar 2010 12:41:05 +0000</pubDate>
		<dc:creator>Spencer Ackerman</dc:creator>
				<category><![CDATA[Blog (deprecated)]]></category>
		<category><![CDATA[National Security]]></category>
		<category><![CDATA[Obama]]></category>
		<category><![CDATA[Donald Rumsfeld]]></category>
		<category><![CDATA[federal agencies]]></category>
		<category><![CDATA[information operations]]></category>
		<category><![CDATA[michael d. furlong]]></category>
		<category><![CDATA[robert gates]]></category>

		<guid isPermaLink="false">http://washingtonindependent.com/?p=80193</guid>
		<description><![CDATA[<p>Remember Michael D. Furlong, <a href="http://washingtonindependent.com/79205/how-an-off-the-books-spy-operation-happens">the Pentagon official under investigation for allegedly using a government information program to launder money for an off-the-books spying operation</a>? His case has led Defense Secretary Robert Gates to open a wide-ranging review of all Pentagon information-operations programs. Here&#8217;s Geoff Morrell, the chief Pentagon spokesman, <a href="http://washingtonindependent.com/80193/gates-orders-review-of-all-pentagon-information-operations-programs" class="read_more">More...</a></p>]]></description>
			<content:encoded><![CDATA[<p>Remember Michael D. Furlong, <a href="http://washingtonindependent.com/79205/how-an-off-the-books-spy-operation-happens">the Pentagon official under investigation for allegedly using a government information program to launder money for an off-the-books spying operation</a>? His case has led Defense Secretary Robert Gates to open a wide-ranging review of all Pentagon information-operations programs. Here&#8217;s Geoff Morrell, the chief Pentagon spokesman, in <a href="http://www.defense.gov/transcripts/transcript.aspx?transcriptid=4591">his press briefing yesterday</a>:<span id="more-80193"></span></p>
<blockquote><p>[T]he secretary has directed a small team of senior military and Defense officials to conduct a quick-look assessment of DOD information operations programs, operations and procedures. The results of this assessment are designed to provide the secretary with a factual baseline from which to determine whether or not systemic problems exist, and if so proper scope and focus of subsequent corrective action.</p>
<p>This survey phase he has mandated be complete within 15 days. So they have embarked on their work and are due to report back to him &#8212; I guess that would be early the second week of April.</p></blockquote>
<p>Information operations bedeviled Gates&#8217; predecessor, Donald Rumsfeld, whose efforts to create an &#8220;Office of Strategic Influence&#8221; <a href="http://www.defense.gov/news/newsarticle.aspx?id=43904">crashed and burned</a> &#8212; leading him to hire a contract firm to <a href="http://articles.latimes.com/2006/feb/18/world/fg-infowar18">plant stories in Iraqi newspapers</a>. The U.S. continues to spend nearly half a trillion dollars annually on Defense Department information-operations programs, though Morrell said the current budget request for next year is a relatively low $384 million.</p>
<p>Morrell added that the new review&#8217;s focus is going to cover both the programs themselves and &#8220;whether or not there is proper oversight, guidelines and that sort of thing.&#8221;</p>
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		<title>Guantanamo Detainee al-Slahi Wins Habeas Case</title>
		<link>http://washingtonindependent.com/80023/guantanamo-detainee-al-slahi-wins-habeas-case</link>
		<comments>http://washingtonindependent.com/80023/guantanamo-detainee-al-slahi-wins-habeas-case#comments</comments>
		<pubDate>Mon, 22 Mar 2010 21:09:54 +0000</pubDate>
		<dc:creator>Spencer Ackerman</dc:creator>
				<category><![CDATA[Blog (deprecated)]]></category>
		<category><![CDATA[Law]]></category>
		<category><![CDATA[National Security]]></category>
		<category><![CDATA[Obama]]></category>
		<category><![CDATA[Torture]]></category>
		<category><![CDATA[Donald Rumsfeld]]></category>
		<category><![CDATA[federal agencies]]></category>
		<category><![CDATA[guantanamo bay]]></category>
		<category><![CDATA[James Robertson]]></category>
		<category><![CDATA[Mohamedou Ould Slahi]]></category>
		<category><![CDATA[senate armed services committee]]></category>
		<category><![CDATA[Stuart Couch]]></category>

		<guid isPermaLink="false">http://washingtonindependent.com/?p=80023</guid>
		<description><![CDATA[<p>The Wall Street Journal <a href="http://online.wsj.com/article/SB10001424052748704841304575138013356640710.html?mod=WSJ_latestheadlines">reports</a>:</p>
<blockquote><p>A suspected al Qaeda organizer once called &#8220;the highest value detainee&#8221; at Guantánamo Bay was ordered released by a federal judge in an order issued Monday.</p>
<p>Mohamedou Ould Slahi was accused in the 9/11 Commission report of helping recruit Mohammed Atta and other members</p></blockquote><p> <a href="http://washingtonindependent.com/80023/guantanamo-detainee-al-slahi-wins-habeas-case" class="read_more">More...</a></p>]]></description>
			<content:encoded><![CDATA[<p>The Wall Street Journal <a href="http://online.wsj.com/article/SB10001424052748704841304575138013356640710.html?mod=WSJ_latestheadlines">reports</a>:</p>
<blockquote><p>A suspected al Qaeda organizer once called &#8220;the highest value detainee&#8221; at Guantánamo Bay was ordered released by a federal judge in an order issued Monday.</p>
<p>Mohamedou Ould Slahi was accused in the 9/11 Commission report of helping recruit Mohammed Atta and other members of the al Qaeda cell in Hamburg, Germany, that took part in the Sept. 11, 2001, terrorist attacks.</p></blockquote>
<p>That doesn&#8217;t mean Slahi&#8217;s release from Guantanamo Bay is imminent, or even definite, said Nancy Hollander, the Albuquerque-based attorney who argued Slahi&#8217;s habeas case.<span id="more-80023"></span> &#8220;There&#8217;s figuring out where he can go, and if the government is going to move for a stay or an appeal,&#8221; Hollander said, adding that Slahi &#8220;doesn&#8217;t even know yet&#8221; that he won his case. Nor has Hollander read it: The ruling, by Judge James Robertson, is classified. Hollander or an associate will have to travel to the U.S. District Court for the District of Columbia just to have a hope of reading it.</p>
<p>For a sampling of what Slahi experienced at Guantanamo, check out page 139 of the <a href="http://documents.nytimes.com/report-by-the-senate-armed-services-committee-on-detainee-treatment">Senate Armed Services Committee&#8217;s 2008 report</a> into the abuse of detainees in the custody of the Department of Defense:</p>
<blockquote><p>The memoranda indicate that, on several occasions from July 8 through July 17, Slahi was interrogated by a masked interrogator called &#8220;Mr. X.&#8221; On July 8, 2003 Slahi was interrogated by Mr. X and was &#8220;exposed to various lighting patterns and rock music, to the tune of Drowning Pool&#8217;s &#8216;Let The Bodies Hit [the] Floor.&#8217;&#8221; On July 10, 2003 Slahi was placed in an interrogation room handcuffed and standing while the air conditioning was turned off until the room became &#8220;quite warm.&#8221; The next day, Slahi was brought into the interrogation booth and again remained standing and handcuffed while the air conditioning was again turned off. After allowing Slahi to sit, the interrogator later &#8220;took [Slahi's] chair and left him standing for several hours.&#8221; According to the memo, Slahi was &#8220;visibly uncomfortable and showed signs of fatigue. This was 4th day of long duration interrogations.&#8221;</p>
<p>On July 17, 2003, the masked interrogator told Slahi about a dream he had where he saw &#8220;four detainees that were chained together at the feet. They dug a hole that was six feet long, six feet deep, and four feet wide. Then he observed the detainees throw a plain, unpainted, pine casket with the number 760 [Slahi's internment serial number (ISN)] painted on it in orange on the ground.&#8221;</p>
<p>On August 2, 2003 an interrogator told Slahi &#8220;to use his imagination and think up the worst possible thing that could happen to him&#8221; and asked him &#8220;what scares him more than anything else.&#8221;</p></blockquote>
<p>Yet Secretary of Defense Donald Rumsfeld did not approve a &#8220;special interrogation plan&#8221; for Slahi until August 12, 2003 &#8212; five days after Slahi apparently broke by the interrogation. Even after that, Slahi was &#8220;interrogated&#8221; to the point where he told a Guantanamo psychologist he was &#8220;hearing voices&#8221; in his head, and a military prosecutor assigned to his case said he was &#8220;very concerned about the allegations of detainee abuse at GTMO and Afghanistan.&#8221; That prosecutor, Lt. Col. Stuart Couch, would refuse to participate in Slahi&#8217;s prosecution after learning about what was done to Slahi during &#8220;interrogation.&#8221;</p>
<p>Asked to describe her reaction when she heard that she won Slahi&#8217;s habeas case, Hollander responded, &#8220;Joy.&#8221;</p>
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		<title>Rove: I Wanted FedEx CEO Fred Smith to Replace Rumsfeld, But Democrats Would Have Been Too Mean in the Hearings</title>
		<link>http://washingtonindependent.com/78743/rove-i-wanted-fedex-ceo-fred-smith-to-replace-rumsfeld</link>
		<comments>http://washingtonindependent.com/78743/rove-i-wanted-fedex-ceo-fred-smith-to-replace-rumsfeld#comments</comments>
		<pubDate>Tue, 09 Mar 2010 16:57:43 +0000</pubDate>
		<dc:creator>David Weigel</dc:creator>
				<category><![CDATA[Blog (deprecated)]]></category>
		<category><![CDATA[courage and consequences]]></category>
		<category><![CDATA[Donald Rumsfeld]]></category>
		<category><![CDATA[Fred Smith]]></category>
		<category><![CDATA[Karl Rove]]></category>

		<guid isPermaLink="false">http://washingtonindependent.com/?p=78743</guid>
		<description><![CDATA[<p>On page 466 of &#8220;Courage and Consequences,&#8221; Karl Rove goes through an elaborate tap-dance to explain that firing Defense Secretary Donald Rumsfeld in early 2006 would have seemed political and &#8220;damaged the military&#8217;s faith in Bush as commander in chief&#8221; &#8212; but that the White House wanted to do it <a href="http://washingtonindependent.com/78743/rove-i-wanted-fedex-ceo-fred-smith-to-replace-rumsfeld" class="read_more">More...</a></p>]]></description>
			<content:encoded><![CDATA[<p>On page 466 of &#8220;Courage and Consequences,&#8221; Karl Rove goes through an elaborate tap-dance to explain that firing Defense Secretary Donald Rumsfeld in early 2006 would have seemed political and &#8220;damaged the military&#8217;s faith in Bush as commander in chief&#8221; &#8212; but that the White House wanted to do it anyway.</p>
<blockquote><p>It had to be a seamless move from the old secretary of defense to the new, and we couldn&#8217;t make that happen. That summer, I looked into whether FedEx CEO Fred Smith, Bush&#8217;s original choice for the post in 1999, was now available. He wasn&#8217;t.</p></blockquote>
<p>There were <a href="http://transcripts.cnn.com/TRANSCRIPTS/0012/26/ip.00.html">some reports</a> in 2000 that Smith was under consideration for this job, but none I remember that suggested the CEO of FedEx was Bush&#8217;s first choice. Nevertheless, Rove remained confident that leaving Rumsfeld in place for most of the year was the right decision because Democrats, still in the minority at that point, would have been annoying at confirmation hearings.<span id="more-78743"></span></p>
<blockquote><p>Democrats had already effectively deployed their party&#8217;s few remaining high-profile pro-defense faces, such as Congressmen Ike Skelton and Jack Murtha, to question whether the United States could ever prevail militarily. In the face of this, <strong>the spinelessness of some Republicans would have meant that an almost completely unified antiwar Democratic Party would have been duking it out in Congress with a demoralized and split GOP.</strong> Hardly helpful to Republican chances.</p></blockquote>
<p>But at least Rove didn&#8217;t damage the military&#8217;s faith in Bush as commander in chief!</p>
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		<title>Massa Claimed He Was &#8216;Forced Out&#8217; of Congress in 2003</title>
		<link>http://washingtonindependent.com/78671/massa-claimed-he-was-forced-out-of-congress-in-2003</link>
		<comments>http://washingtonindependent.com/78671/massa-claimed-he-was-forced-out-of-congress-in-2003#comments</comments>
		<pubDate>Mon, 08 Mar 2010 21:13:15 +0000</pubDate>
		<dc:creator>Rachel Rose Hartman</dc:creator>
				<category><![CDATA[Blog (deprecated)]]></category>
		<category><![CDATA[Politics]]></category>
		<category><![CDATA[Donald Rumsfeld]]></category>
		<category><![CDATA[eric massa]]></category>
		<category><![CDATA[GOP]]></category>
		<category><![CDATA[house armed services committee]]></category>
		<category><![CDATA[Republican Party]]></category>

		<guid isPermaLink="false">http://washingtonindependent.com/?p=78671</guid>
		<description><![CDATA[<p>Today, Rep. Eric Massa (D-N.Y.) is arguing that Democrats are <a href="New York Rep. Eric Massa is blaming his resignation on a conspiracy by House Democratic leaders to force him out before a crucial vote on health care. ">conspiring to force him out of Congress</a>.</p>
<p>This isn&#8217;t the first time <a href="http://washingtonindependent.com/78671/massa-claimed-he-was-forced-out-of-congress-in-2003" class="read_more">More...</a></p>]]></description>
			<content:encoded><![CDATA[<p>Today, Rep. Eric Massa (D-N.Y.) is arguing that Democrats are <a href="New York Rep. Eric Massa is blaming his resignation on a conspiracy by House Democratic leaders to force him out before a crucial vote on health care. ">conspiring to force him out of Congress</a>.</p>
<p>This isn&#8217;t the first time he&#8217;s used that line.</p>
<p>Back when Massa, a former Navy officer, identified as a Republican, he served as an aide to the GOP majority on the House Armed Services Committee. But, he claims now, things turned sour over his stance on the war in Iraq. <a href="http://massa.house.gov/index.cfm?sectionid=3&amp;sectiontree=3">From Massa&#8217;s House website</a>:<span id="more-78671"></span></p>
<blockquote><p>When the planning for the Iraq War began, Congressman Massa opposed the flawed strategy being set forth by former Secretary of Defense Donald Rumsfeld and his allies in Congress. For standing up against the failed pre-war planning, Mr. Massa was forced out in 2003.</p></blockquote>
<p>That may be the way Massa casts the incident now, but it appears his story has changed over time.</p>
<p>In <a href="http://www.washingtonmonthly.com/features/2003/0311.whoswho.html">a 2003 Washington Monthly article</a>, Massa seemed to validate a rumor that the GOP and Massa parted ways over Massa&#8217;s personal friendship and support for Gen. Wesley Clark, not because of Massa&#8217;s war stance. (Massa previously served as an aide to Clark.) He also said he held no &#8220;ill will&#8221; toward his Republican colleagues over his departure:</p>
<blockquote><p>Sources tell &#8220;Who&#8217;s Who,&#8221; [committee chairman Duncan] Hunter and [staff director Robert] Rangel repeatedly told Massa that, given his friendship with Clark, he could no longer work at the committee, but when reporters from a few big-name newspapers heard the story and began calling around, Hunter claimed that Massa had never actually been fired. Fed-up, Massa resigned. No one from Hunter&#8217;s office was available for comment. Contacted by WW, Massa commented, &#8220;I don&#8217;t hold ill will for anybody. This is about issues, and Clark the man, and I&#8217;m going to do everything I can to get him elected.&#8221;</p></blockquote>
<p>If he&#8217;s to be believed now, first the GOP forced him out. Now it&#8217;s the Democratic Party. I guess he can always go independent&#8230;</p>
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		<title>Key Figure in Bush&#8217;s Military Commissions Set for Obama Job</title>
		<link>http://washingtonindependent.com/76103/key-figure-in-bushs-military-commissions-set-for-obama-job</link>
		<comments>http://washingtonindependent.com/76103/key-figure-in-bushs-military-commissions-set-for-obama-job#comments</comments>
		<pubDate>Tue, 09 Feb 2010 11:00:03 +0000</pubDate>
		<dc:creator>Spencer Ackerman</dc:creator>
				<category><![CDATA[Civil Rights]]></category>
		<category><![CDATA[Front Page]]></category>
		<category><![CDATA[Law]]></category>
		<category><![CDATA[National Security]]></category>
		<category><![CDATA[Obama]]></category>
		<category><![CDATA[Slot 1/Top Stories]]></category>
		<category><![CDATA[Slot 3/Center Well]]></category>
		<category><![CDATA[Torture]]></category>
		<category><![CDATA[U.S.]]></category>
		<category><![CDATA[barack obama]]></category>
		<category><![CDATA[david addington]]></category>
		<category><![CDATA[Detainee]]></category>
		<category><![CDATA[Don Guter]]></category>
		<category><![CDATA[Donald Rumsfeld]]></category>
		<category><![CDATA[Eugene Fidell]]></category>
		<category><![CDATA[federal agencies]]></category>
		<category><![CDATA[guantanamo]]></category>
		<category><![CDATA[jim haynes]]></category>
		<category><![CDATA[jim jones]]></category>
		<category><![CDATA[john bellinger]]></category>
		<category><![CDATA[military commissions]]></category>
		<category><![CDATA[phil carter]]></category>
		<category><![CDATA[Richard Shiffrin]]></category>
		<category><![CDATA[Rights]]></category>
		<category><![CDATA[rosa brooks]]></category>
		<category><![CDATA[Thomas Romig]]></category>
		<category><![CDATA[William Lietzau]]></category>

		<guid isPermaLink="false">http://washingtonindependent.com/?p=76103</guid>
		<description><![CDATA[<p>A key behind-the-scenes architect of the Bush administration&#8217;s first version of the military commissions for terrorism suspects &#8212; which the Supreme Court found to unconstitutionally restrict the legal rights of detainees &#8212; will take a central Pentagon position dealing with detainee policy for the Obama administration.</p>
<p>William Lietzau, a Marine <a href="http://washingtonindependent.com/76103/key-figure-in-bushs-military-commissions-set-for-obama-job" class="read_more">More...</a></p>]]></description>
			<content:encoded><![CDATA[<div id="attachment_76104" class="wp-caption alignnone" style="width: 490px"><a href="http://washingtonindependent.com/wp-content/uploads/2010/02/lietzau.jpg"><img class="size-large wp-image-76104" title="lietzau" src="http://washingtonindependent.com/wp-content/uploads/2010/02/lietzau-480x350.jpg" alt="William Lietzau (Defense Department photo)" width="480" height="350" /></a><p class="wp-caption-text">William Lietzau (Defense Department photo)</p></div>
<p>A key behind-the-scenes architect of the Bush administration&#8217;s first version of the military commissions for terrorism suspects &#8212; which the Supreme Court found to unconstitutionally restrict the legal rights of detainees &#8212; will take a central Pentagon position dealing with detainee policy for the Obama administration.</p>
<p>William Lietzau, a Marine colonel who currently serves as deputy legal counsel to the National Security Council, is poised to become the Pentagon&#8217;s new deputy assistant secretary for detainee affairs in the next several weeks. Lietzau, an international law expert described even by his critics as a brilliant and energetic attorney, previously served as a special adviser to Jim Haynes, the top Pentagon lawyer during Donald H. Rumsfeld&#8217;s tenure, when Rumsfeld and Haynes codified torture and indefinite detention as hallmarks of Bush-era terrorism policy. The position, which is not subject to Senate confirmation, came open late last year, after Phil Carter, the previous deputy assistant secretary for detainee affairs and a favorite of civil libertarians, abruptly resigned.</p>
<p>[Security1]As the next deputy assistant secretary, Lietzau will be at the center of the Obama administration&#8217;s decisions about trying the remaining Guantanamo detainees in reformed military commissions or in federal courts. He will also be central to the construction of a post-Guantanamo terrorism-detention policy in an administration that claims to be more committed to the rule of law than its predecessor. Lietzau is said to have gained the confidence of senior administration officials over the past year, particularly as he helped revise the military commissions to include greater process protections for defendants &#8212; <a href="http://www.hrw.org/en/news/2009/10/28/us-revised-military-commissions-remain-substandard">even though civil libertarian groups still consider those rules to be unfair</a>.</p>
<p>Two senior military lawyers who fought with Haynes over military commissions and interrogations in the Bush administration said they were surprised to hear of Lietzau&#8217;s impending appointment to the Obama Pentagon. Retired Rear Adm. Don Guter, who served as the Navy&#8217;s Judge Advocate General from 2000 to 2002, described Lietzau as a close Haynes confidante but not an outspokenly opinionated figure. &#8220;If he disagreed with Jim Haynes you&#8217;d never know about it,&#8221; Guter said. &#8220;Because of his close association with Haynes I&#8217;d be more comfortable if I saw something public [indicating] he&#8217;d made a break with those policies.&#8221;</p>
<p>Retired Army Maj. Gen. Thomas J. Romig also described Lietzau as closely tied to Haynes, <a href="http://tpmmuckraker.talkingpointsmemo.com/archives/002311.php">whose role in instituting extreme interrogations at Guantanamo Bay against the wishes of military lawyers cost him Senate confirmation for a federal judgeship</a>. Romig, the Army&#8217;s Judge Advocate General during Bush&#8217;s first term, said that although he did not know specifically what positions Lietzau took on detainee interrogations or if Haynes even consulted him on the issue, &#8220;at that time, he was certainly in the bosom of the administration that was running interrogation programs that at the very least were quite troubling, and in many minds were a violation of the laws of war and the Geneva Conventions.&#8221; Lietzau&#8217;s expertise in international law &#8212; he was <a href="http://www.law.duke.edu/shell/cite.pl?64+Law+&amp;+Contemp.+Probs.+119+%28Winter+2001%29#H1N8">part of the Clinton administration&#8217;s delegation to the 1998 Rome conference that wrote the treaty establishing the International Criminal Court</a> &#8212; should have allowed him to know &#8220;what was right and wrong with [Bush's] interrogation policies,&#8221; Romig said.</p>
<p>While Lietzau was close to Haynes, he also became close to retired Marine Gen. Jim Jones, now Obama&#8217;s national security adviser. The two officers met in Europe a few years after Lietzau had left the commissions, when Jones commanded U.S. military forces on the continent and Lietzau was his staff judge advocate. Lietzau joined the National Security Council last spring at Jones&#8217; request.</p>
<p>Lietzau has many advocates in the legal and policy communities. John Bellinger, the former National Security Council and State Department legal adviser during the Bush administration, sparred frequently over detainee treatment with Haynes and David Addington, Dick Cheney&#8217;s attorney, who took far more extreme positions. But Bellinger, now a partner with the law firm of Arnold &amp; Porter, considered Lietzau a first-rate appointee. &#8220;I think Lietzau is an excellent choice who knows the issues and is pragmatic and non-ideological,&#8221; he said. &#8220;I have never seen him to approach terrorism issues or international justice issues in an ideological way.</p>
<p>Similarly, Eugene Fidell, a Yale Law professor and president of the National Institute of Military Justice, called Lietzau&#8217;s appointment &#8220;creative,&#8221; despite any substantive policy disagreements they had. &#8220;The last thing I want is someone to come into the job without the respect of the military bench and bar, which he would have,&#8221; Fidell said, &#8220;and having to start from scratch in understanding the legal environment.&#8221;</p>
<p>Rosa Brooks, a Pentagon policy official who <a href="http://articles.latimes.com/2008/aug/07/opinion/oe-brooks7">criticized the military commissions during the Bush years</a>, added that while she couldn&#8217;t confirm Lietzau&#8217;s appointment, &#8220;I am a fan of Bill Lietzau&#8217;s. He&#8217;s smart, an honest broker, and has both intellectual and moral integrity.&#8221;</p>
<p>Lietzau was the first prosecutor for the military commissions established in 2001 &#8212; an official Pentagon release <a href="http://www.globalsecurity.org/security/library/news/2003/05/sec-030522-dod02.htm">called</a> him &#8220;instrumental&#8221; to the military commissions&#8217; &#8220;preparations&#8221; &#8212; and served in that role until 2003. Yet during that time, the commissions did not bring charges against a single detainee, a fact that raised eyebrows among his colleagues. &#8220;I have to believe in his position Lietzau was being used by Jim Haynes as a sounding board or adviser on all international law issues,&#8221; Romig said, &#8220;because he was not doing much as chief prosecutor.</p>
<p>In a valedictory May 2003 press briefing, Lietzau described his role as &#8220;really the process portion of setting up military commissions.&#8221; That process, established by Rumsfeld, his deputy Paul Wolfowitz and Haynes, departed significantly from the military&#8217;s courts-martial system, restricting a defendant&#8217;s right to a public trial and allowing for hearsay to be admissible, although Lietzau pushed for defendants to retain the presumption of innocence. At the briefing, a reporter asked Lietzau if the commissions provided a defendant with a defense comparable to the normal military justice system, and he replied that the commission&#8217;s rules &#8220;were drafted to accommodate that kind of flexibility that would be needed.&#8221; But five years after their creation, a 5-4 majority of the Supreme Court <a href="http://www.washingtonpost.com/wp-dyn/content/article/2006/06/29/AR2006062900928.html">ruled that the commissions were unconstitutional</a>, improperly established by the administration and providing defendants with insufficient due process rights. In 2006, Congress passed a law authorizing a new version of the commissions although the Supreme Court in <a href="http://www.salon.com/opinion/greenwald/2008/06/12/boumediene/">2008 found problems with the process rights of the new commissions as well</a>.</p>
<p>One senator who voted against the 2006 Military Commissions Act was Barack Obama. Last May <a href="http://www.whitehouse.gov/the_press_office/Remarks-by-the-President-On-National-Security-5-21-09/">at the National Archives</a>, in one of Obama&#8217;s most important national security speeches as president, Obama criticized &#8220;the flawed commissions of the last seven years&#8221; and said his embrace of a reformed version of the commissions would bring them &#8220;in line with the rule of law.&#8221; Some in the administration believe Lietzau is, however ironically, the man for the job. A senior administration official who would not speak on the record because Lietzau&#8217;s appointment has not been announced said that the colonel &#8220;believes the rule of law is a fundamental part of our effort in the fight against al-Qaeda&#8221; and that Lietzau&#8217;s long experience with both the military commissions and international law provides the administration with &#8220;value added as we work with Congress&#8221; on a &#8220;durable&#8221; legal infrastructure for terrorism detainees.</p>
<p>At times Lietzau has expressed surprise about the Bush administration&#8217;s terrorism decisions. During a talk he gave at Harvard shortly after 9/11, he said he doubted that the administration would seek to try anyone in a military commission; months later he was helping design them. And in an article for a book on terrorism and international law published in 2002, Lietzau averred that President Bush&#8217;s assurance that the military treat detainees in the &#8220;spirit&#8221; of Geneva Conventions ensured that detainees &#8220;will continue to be treated humanely.&#8221; Over the next several years, dozens and perhaps hundreds of people detained by the U.S. in Guantanamo, Afghanistan, Iraq and elsewhere were tortured &#8212; activities President Obama expressly forbid during his first week in office by issuing an executive order restricting interrogation techniques to those listed in the Army&#8217;s field manual.</p>
<p>Lietzau was a deputy to Haynes during the winter of 2002 and spring of 2003, when Haynes presided over an internal Pentagon debate resulting in the modified adoption for Guantanamo of &#8220;enhanced interrogation&#8221; techniques authorized for the CIA to use on senior-level al-Qaeda detainees. A Senate Armed Services Committee investigation from 2008 <a href="../39933/report-details-origins-of-bush-era-interrogation-policies">determined that Haynes was a powerful bureaucratic force pressing for harsher detainee treatment</a>. A former colleague in Haynes&#8217; office, Richard Shiffrin, <a href="http://tca-reference-desk.blogspot.com/2008/06/transcript-of-senate-armed-services.html">told</a> the committee that Lietzau was present at a key 2002 meeting in which participants expressed &#8220;some frustration with the quantity and quality of information being obtained&#8221; at Guantanamo, although Shiffrin did not attribute any substantive position to Lietzau. And no source for this piece had knowledge of Lietzau having anything to do with torture.</p>
<p>It is unclear what exactly Lietzau&#8217;s appointment signifies in terms of concrete policy decisions or shifts. An email to Defense Secretary Gates&#8217; spokesman, Geoff Morrell, went unreturned. But Bellinger predicted Lietzau would &#8220;adopt a balanced approach between the security needs of the country and military and the need to address worldwide concerns that we do not have an appropriate legal framework or legal policies.&#8221; The senior administration official said Lietzau was &#8220;bound and determined to make sure, whether it&#8217;s in three years or seven, when he walks away from this job, there is a durable legal infrastructure&#8221; to handle terrorism detainees justly.</p>
<p>Both Guter and Romig, the former senior military JAGs who clashed with Lietzau&#8217;s old boss, Haynes, independently described Lietzau as intellectually &#8220;flexible&#8221; and willing to faithfully implement the policies of his bosses. &#8220;The guy is smart, so he can figure out what the Supreme Court has said&#8221; about the due process rights to which detainees are entitled, but &#8220;it troubles me the guy can go from one end of spectrum to the other, arguably,&#8221; Romig said. &#8220;It&#8217;s very curious they would take somebody to run [policy on] detainees who was in the position he was in seven or eight years ago.&#8221;</p>
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