Undated, Unsigned CIA/Justice Memo Appears to Be First Authorization for ‘Diapering’
Marcy Wheeler may have solved a mystery about the previously unacknowledged CIA enhanced interrogation technique of prolonged diapering. I wondered in my
Marcy Wheeler may have solved a mystery about the previously unacknowledged CIA “enhanced interrogation” technique of “prolonged diapering.” I wondered in my initial post where the CIA got the legal authorization for the technique from, as the 2004 CIA inspector general’s report on torture says that the CIA withdrew a 2002 request to the Justice Department for authorizing a mysterious eleventh technique — quite possibly diapering — after it was determined that constructing a legal rationale for the technique would delay the torture of al-Qaeda detainee Abu Zubaydah. Yet on Jan. 28, 2003, CIA Director George Tenet cited “prolonged diapering” as one of eleven techniques that comprised the “enhanced interrogation” palette.
Marcy digs through the IG report and unearths what the report calls “an undated and unsigned document” that “expanded” the use of those techniques “beyond the interrogation of Abu Zubaydah.” The document, entitled “Legal Principles Applicable to CIA Detention and Interrogation of Captured Al-Qa’ida Personnel,” has never before been disclosed, and it was apparently written, according to the report, by the CIA’s Office of General Counsel, but “fully coordinated” and “drafted in substantial part by OLC,” the Justice Department’s Office of Legal Counsel. An excerpt, dealing with the legality of specific techniques, reads:
“„The use of the following techniques and of comparable, approved techniques does not violate any Federal statute or other law, where the CIA interrogators do not specifically intend to cause the detainee to undergo severe physical or mental pain or suffering (i.e., they act with the good faith belief that their conduct will not cause such pain or suffering): isolation, reduced caloric intake (so long as the amount is calculated to maintain the general health of the detainees), deprivation of reading material, loud music or white noise (at a decibel level calculated to avoid damage to the detainees’ hearing), the attention grasp, walling, the facial hold, the facial slap (insult slap), the abdominal slap, cramped confinement, wall standing, stress positions, sleep deprivation, the use of diapers, the use of harmless insects, and the water board.
Marcy’s emphasis. Notice that this language, including the parentheticals, appears verbatim in Tenet’s guidelines for both “standard” and “enhanced” techniques from Jan. 23, 2003. Tenet’s “Standard Techniques”:
“„Among Standard Techniques are the use of isolation, sleep deprivation not to exceed 72 hours, reduced caloric intake (so long as the amount is calculated to maintain the general health of the detainee), deprivation of reading material, use of loud music or white noise (at a decibel level calculated to avoid damage to the detainee’s hearing), and the use of diapers for limited periods (generally not to exceed 72 hours), [REDACTED]
Tenet’s “Enhanced Techniques”:
“„These techniques are, [sic] the attention grasp, walling, the facial hold, the facial slap (insult slap), the abdominal slap, cramped confinement, wall standing, stress positions, sleep deprivation beyond 72 hours, the use of diapers for prolonged periods, the use of harmless insects, the water board, and such techniques as may be specifically approved pursuant to paragraph 4 below.
Again, we don’t know when the memo was written — by design, as it’s undated and unsigned, a gigantic blinking red light. A footnote on page 22 of the report indicates that it was attached to a document delivered, apparently, to the inspector general’s office on June 16, 2003. That’s as close as we get to an answer as to the document’s provenance. But the language contained within it appears to be the wellspring for Tenet’s “standard” and “enhanced” interrogations — and apparently the CIA’s general counsel helped write the rules the agency’s personnel would operate within. Attorney General Eric Holder’s new probe is an implicit argument against the wisdom of that decision.
A question that remains unanswered: why did Tenet, the CIA’s general counsel and OLC evidently believe that forcing someone to wear a diaper for “72 hours” should be a “standard” interrogation technique and any longer should be an “enhanced” one?
–
Related
Rep. Patrick McHenry: Please, Conservatives, Fill Out Your Census Forms!
The conservative congressman from North Carolina, a constant critic of the census -- one of the people who sounded the alarm about politicization when the
Rep. Paulsen allies with medical device industry to relax FDA oversight
Source: Flickr; Republicanconference (www.flickr.com/photos/republicanconference) On the heels of the Minnesota Independent story last week about U.S. Rep. Erik Paulsen’s cozy financial relationship with the medical device industry, the New York Times reported Tuesday that some health professionals are alarmed by Paulsen’s push to relax Food and Drug Administration (FDA) oversight
Rep. Parker Griffith (R-Ala.)
One of the most conservative Democrats in the House -- a freshman who said he couldn’t support Nancy Pelosi again -- is going to switch over to the GOP. Josh
Rep. Paulsen touts balanced budget constitutional amendment
In a post for the conservative blog True North , U.S. Rep
Rep. Paulsen, Karl Rove the latest to get ‘glittered’
Rep. Erik Paulsen and former Bush staffer Karl Rove were both showered with glitter at the Midwest Leadership Conference Friday
Rep. Paul Ryan to deliver SOTU response
Chairman of the House Budget Committee Rep. Paul Ryan (R-Wis.) will deliver the Republican response to the State of the Union Tuesday, according to Mike Allen
Rep. Perlmutter criticizes House measure that would eliminate 800K federal jobs
Congressman Ed Perlmutter today issued a scathing statement criticizing the House of Representatives for passing a spending bill that could put nearly a million federal employees out of work. The Colorado delegation voted strictly on party lines, with all four Republicans voting in favor of the bill and the three Democrats voting in opposition. Perlmutter’s statement: “My number one priority is to get people back to work because that’s the best thing we can do to pay our debt and move forward toward economic stability
Rep. Perlmutter to hold constituent meet-up in grocery store
Colorado Congressman Ed Perlmutter will hold a Government in the Grocery constituent meet-up this evening from 5-7 at the Safeway at 38th and Wadsworth in Wheat Ridge. The address is 3900 Wadsworth. The meeting, where Perlmutter typically sits at a folding table and talks to whomever shows up, is free and open to the public
Rep. Peace, ACLU seek investigation of soldier’s allegations of racial discrimination in Afghanistan
Both Rep. Steve Pearce (R-NM) and the American Civil Liberties Union agree: There needs to be an investigation into Spc.
School of Hock
A growing number of college grads are defaulting on their student loans as the economy worsens.
