The Senate Judiciary Committee is webcasting the hearing live.
SEN. DURBIN QUESTIONS: Thanks Feinstein for the hearing and this testimony. Says we’ll be defined for generations by this conduct. Asks Fine about witnesses — sent questions out to 1000 agents and others overseas. Over 900 sent back responses. Interviewed 200-ish witnesses on this. Durbin talking about extreme treatment — including short-shackling — did it occur? Fine says yes. Extreme temps? Yes. Both at the same time? Yes. Did Rumsfeld approve these — these weren’t the actions of a few bad apples on the night shift, as Congress had been told? Yes, there was a period of time when those techniques were specifically approved and authorized. Talks about waterboarding — and problems with current AG. JAG lawyers told him that painful stress positions, threatening prisoners with dogs, forced nudity, extreme temperatures, and others — all illegal and violate Geneva Conventions.
Asks Caproni about violations of law? Caproni says that all of those techniques are abusive. Torture has a specific definition — OLC has said no — says that it’s above her pay grade to say otherwise. Says that none of those techniques are permissible in the US and that no FBI agents would have been permitted to use them or participate in them. Asks Fine about Abu Zabaydah (CHS notes: I know I’m butchering that spelling.) Says he is not aware of a regular series of reports from agents of disputes between DOD and agents in field. Fine says prisoner was held at a CIA facility at that time, not at Gitmo. Says that there was not clear evidence that these reports made it from lower levels at DOJ to director of FBI. [CHS notes: again, wasn't Chertoff in that line of pass-through and, if so, shouldn't he be questioned as to why the director of the FBI wasn't notified of criminal complaints and/or questions coming in from FBI?]
SEN. CARDIN QUESTIONS: Asks about reliability of information obtained through these enhanced techniques. Talks about al Libi recanting his "confessions" obtained via coercive techniques later. Fine says he didn’t look at particular intel on this. What he can say is that FBI’s techniques are successful in getting information. The other techniques which are used to break people have the effect of getting people to say whatever they think the interrogator wants to hear to get them to stop what is being done. Army Field manual has moved closer to FBI’s techniques, which tells you which they feel is more effective. The FBI clearly believes that rapport based interview techniques are the best means of obtaining reliable intel.
Talks about the Tipton Three — British prisoners — said one thing, but later found that it was a false confession. How much more information was unreliable, and how delayed were we in obtaining solid information that could have been useful?
FEINSTEIN QUESTIONS: Talking about memo from FBI agent — that for some reason sat in Quantico for some period of time. Talking abotu admissibility of evidence obtained through these duress methods, and legal problems with these. "It is possible that those who employ these techniques could be arrested, tried and convicted for using these techniques. Should not be utilized." Fine says it is addressed on pages 121 in the IG’s report. Present mental condition of al Quatani. Fine says that he described things that happened to him — he was able to communicate with them. Interviewed in presence of his attorney. Told them about the abusive techniques which had been used on him, which are described in the report. Were you aware that Spike Bowman called DOD general counsel in Dec. of 2002. He called Gen. Counsel’s office and discussed concerns. Raised concerns about treatment of al Quatani. When he called to follow-up, he was unable to obtain any information about the DOD’s actions taken in response — he was effectively stonewalled and his concerns were not addressed. Told DOD was handling it.
You both have said that these types of techniques are not effective. Explore that — and talk about why you think this. Fine says that he was indicating what the FBI has learned from years and years of doing this. Rapport based approach is best — they believed that was the best way to approach this as well, based on their experience. If you know who you are interrogating — you need to know all the information you have on them, if you are well-prepared, rapport-based techniques are the most effective.
WHITEHOUSE QUESTIONS: On page 106 of the report, there is a reference to a legal analysis of techniques — asks for a copy of this report for the record. The Administration says that CIA are the experts, by contrast military intel are amateurs and have to operate under constraints — presumably that analysis would apply to FBI as well from the Administration’s stand-point. Fine says the FBI are trained professional and that they have experience in this and have had great success with this. Fine says they looked at how military interrogators were doing this — looked at how they came up with this, and it was not a well-thought-out plan.
FEINSTEIN points out that the CIA uses contractors, not trained employees, and this is a HUGE difference in her opinion on this.
WHITEHOUSE continues: Waterboarding just a dunk in the water, and stress positions no big deal because Rummy used to stand at his desk every day. Fine says that they didn’t look at waterboarding in this inquiry, because to his knowledge, DOD did not do this. Says that stress positions cannot be compared to simply standing at one’s desk. Any information on discrepancies on Rumsfeld’s public statements versus his approval of these coercive techniques. Have you looked at US v. Lee? Neither Fine nor Caproni have. Do you know whether the FBI was involved with this prosecution? Caproni says most likely.
FEINSTEIN: Can you describe the friction between FBI and DOD with regard to al Quatani? DOD wanted to use phased approach, FBI didn’t think it would be effective — and raised concerns with DOD and NSC. Ultimately DOD had control over that.
SCHUMER: Thanks Feinstein for holding this hearing. FBI has determined that non-coercive, rapport-based techniques are the best way to obtain actionable intel. This is supported by a host of research. Says FBI has decades of expertise in interrogations. Why profound difference of opinion on using coercive techniques? Caproni says she doesn’t know why. Talks about the agent who helped to interrogate Saddam Hussein — no coercive techniques were ever used on him, but it was a highly successful interrogation — getting him to confirm any number of valuable items of information. To Caproni’s knowledge, no one in the Administration pushed FBI to use coercive techniques as far as she knows. Spec. Agent Pirro says that he didn’t feel that Hussein would have responded well to coercive techniques. Schumer says that Hussein cracked under the traditional rapport method of interrogation.
Questions about disputes within the agencies. It has been suggested that there was "trench warfare" between FBI and DOJ versus DOD and CIA on what techniques should be used. Caproni says there were substantive discussions. Caproni says that she isn’t aware — nor is Fine — of pressure from Administration to participate in coercive techniques. Schumer asks Caproni to follow-up and get back to committee after speaking with leadership on this issue. Was there retaliation of any kind against anyone at FBI or DOJ for refusal to participate? Not that they know of. Schumer submits questions about destruction of documents and asks witnesses to respond to those later.
Bringing up next panel — thanks witnesses for their testimony. Feinstein doing an intro for the witnesses.
JACK CLOONAN: Talks about rapport-building as better technique. Says CIA’s own manual for agents says that heavy-handed techniques can lead to sluggish and withdrawn witnesses and non-useful information. Says he has used rapport-building on al qaeda members in the past. It is lawful and effective — and can do nothing but improve our image in the world community. Using coercive techniques do not. Does not accept the argument that sleep depravation, sensory depravation, stress techniques, temperature extremes, waterboarding and other coercive techniques produce the best information. Rapport-building does. Law enforcement rarely get the opportunity to interrogate al qaeda operatives such as ones we currently have in custody — we cannot waste those oportuities with less-than-the-most -effective methods of gathering all actionable information. Untold man hours of chasing after false leads. [CHS notes: Pizza Hut intel, anyone?]
Cloonan says that he participated in many interrogation opportunities with al qaeda operatives where rapport-building techniques were used on operatives who had murdered American citizens. Putting them on the stand to highlight that bin Laden allies had been broken had enormous value for law enforcement and intel gathering and as a message to likely targets. Cloonan says he spoke to a number of FBI agents who were at Gitmo, and that the vast majority of detainees subjected to these techniques had little or no value for intel. Knowledge is power — technological assets, computer exploitation and other efforts have pre-empted some terrorist attacks. The most effective counter-measure is, and always will be, the apostate who chooses to cooperate and "spill the beans." Gaining this cooperationis a formidable task — but he has seen that occur because these al qaeda members were "seduced by our legal system," as strange as that sounds. Talks about the "sleeping dog" belief of al qaeda.
Three questions: (1) Has use of these techniques lessened al qaeda’s thirst for revenge against the US? (2) Have these techniques produced a larger number of people willing to be jihadist martyrs? (3) and Have we gleaned any useful information to stop this from these coercive techniques? I’d suggest the answers are no, yes and no. Torture creates enormous problems for us abroad — and only strengthens the hand of those who wish to harm us.
This debate is a crucial one. The decisions you make will have a far-reaching impact on our national security. Proponents of the "ticking bomb" scenario seek to forestall debate about the efficacy of these techniques by creating a climate of fear that allows for no discussion. [Will continue his statement after the break...]
Recessing the hearing until 2:00 pm ET.
Related posts:
- Torture is Counterproductive to Interrogation, Cognitive Study Says
- Breaking: Senate Judiciary Approves Sotomayor Nomination – 13 to 6
- Will the Senate Ask McChrystal About Torture Under His Command?
- Torture Briefings: The Hill Plays Campfire Games
- Torture Memos: Are Bradbury’s Two 2006 OLC Opinions Still Active?





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Can anyone help me open the webcast? Not sure how to do it.
This is third huge story this week alone that the MSM has ignored. First the Phase II release showing BushCo lied;
second, the 35 articles of impeachment introduced by Kucinich yesterday and now this. And not a peep on the MSM. Please email and call CNN, MSNBC, et al and demand coverage. Harass them if necessary. Obviously they learned nothing from the run up to the Iraq mess.
F I T Z ! ! !
. . .don’t forget the 58 permanent bases
http://judiciary.senate.gov/hearing.cfm?id=3399
click on “live webcast”
takes a minute for realplayer to load
from adie
Jus cogens and obligatio erga omnes!
yes, you are so right!
I’ve taken to sending emails regularly to the media and my congress critters, as well as the white house.
pretty sure i’m on the no-fly list.
anyone else notice the media’s near obsession with weather? yeah, it seems a lot worse these days but still,
a water spout is “breaking news” but articles of impeachment aren’t?!
Fine looks so tense that I think we will find a pile of diamonds on the seat when he gets up.
Oh, be fair. “The Daily Show” covered the first one, and I have no doubt they’ll cover the last two, so you can’t say that ALL of the MSM outlets are bad.
chit.
feingold and whitehouse ARE in bed together, huh?
i hope she doesn’t totally corrupt him!
i LIKE Whitehouse!
not when it’s that “kooky boy mayor”©
wouldn’t mind nearly as much if they put it in the context of global climate change…..
but, noooooo– the corporate media would never do that!
:)
thank gawd that most young people are getting it then….
whitehouse would be a great AG for obama
That would be FeinSTEIN, my mostly useless senator.
I’ll answer that question about Rumsfeld. I think Rumsfeld was dissembling.
OH!
I’ve been screaming that one from the rafters for 2 years now!
Absolutely, valletta!
Are the MSM covering the European segment of the Decider’s victory lap tour? For U.S. citizens, paying for Bush’s entertainment sure takes the edge off paying high energy prices.
right! right!
and not the first time i’ve hammered out THAT error.
thank you
and I am sorry,
about the mistake,
and about her being your senator RepackRider!
schumer – i want to thank senator difi for holding this very important hearing that i couldn’t bother to be here for.
I have said elsewhere, the best thing the Iraqis could do is to draw up a declaration of independence modeled almost exactly the US declaration, only supplanting George W. for King George.
-G
Until Schumer withdraws his ticking time bomb statement I don’t trust this lying sack of sh*t.
Schumer up, Mukasey, Schumer. How come Chuck differs from Mukasey on waterboarding?
Ouch!
right.
and more to the point, how come he pushed so hard for a waterboard fan to lead the whole entire enchilada DOJ?????
now THERE’S a bazillion dollar question, eh?
Schumer disappointingly starts with a purely utilitarian argument: would torture techniques ”keep us safer” than other techniques, eg, rapport based interrogations that don’t involve physical and mental abuse?
Surely, nuclear, biological and chemical weapons are excruciatingly effective at killing the enemy. Notwithstanding, there are overwhelming reasons not to use them, but not only to persuade others not to use them.
Schumer stated that he was against torture. In the past he said:
http://sayanythingblog.com/ent….._at_stake/
Yep, that sounds pretty unequivocally against torture to me, yessir.
Chuck: Kudos for “effective” interrogation on Saddam Hussein. What is Chuck going on about? Rumsfeld and Hussein once had a “rapport.” I understand he’s trying to differentiate “building rapport” (successful) v. coercive (not successful.) But something about him singing the praises of the “successful interrogation” of Hussein is just making me sick.
schumer from almost exactly 4 years ago (june 8, 2004):
Thanks, selise and Hugh for the Schumer quotes. That guy just needs to step aside. He has no credibility left.
Maybe it’s Chuck that’s making me sick. Who knows.
The hypocrite.
Sands and others up now.
yep. “Go Away” time for chucky.
Is Schumer a closet neocon or what?
LOL Great minds and all.
think the Founding Fathers have perked an ear here?
They are tired of sleeping on their stomaches.
lol. i guess i owe you a drink, just don’t make it a coke (youtube – coke is the drink of the death squads by david rovics). *g*
I’d like to think he’s just an idiot. Whatever he is, he is very dangerous to the party and to the country.
too many years of back room deals. i’m pretty sure he doesn’t know WHAT he is anymore.
but it doesn’t matter.
he’ll be something else tomorrow.
Apropos Jim White’s comment @ 7, Marjorie Cohn’s opening remarks in her House Committee testimony last month:
http://judiciary.house.gov/med…..080506.pdf
Lest we forget . . .
More than a few detainees held in US custody at Abu Ghraib, Bagram, Whitehorse, Helmond Province, and elsewhere, have been tortured to death — official Department of Defense autopsy reports listing their “manner of death” as “homocide.”
http://action.aclu.org/torture…..ed/102405/
see too:
“Command’s Responsibility: Detainee Deaths in U.S. Custody in Iraq and Afghanistan”
http://www.humanrightsfirst.or…../index.asp
“Homicide Unpunished” — a Washington Post editorial
http://www.washingtonpost.com/…..01320.html
[link errors in preview, whether hyperlinked or spelled out (fdl link prefix added). hope they work!]
Praise be. Time to school the tools.
is it my imagination or has there been a change in how much the dems in congress are willing to say and ask?
An example of compromise becoming compromised.
JimWhite @ 30:
You mean, Chuck ”Mike Mukasey is my friend and would be a great Attorney General” Schumer? That Schumer? Yup. He needs to start working on his golf game. New York could do much better.
They *are* politicians.
Just gotta say, w00t for primaries being done and w00t for some old school FDL!!!
my thought is that they are growing more hairs with each day the election approaches. DEFINATELY, there’s more hair now.
Amazing that chain-of-command and pay scale level can be one’s determination to uphold the rule of law…or not…
I thought they were breaking for votes at 11:20. Did anyone catch a schedule update?
No! They have the Joe Biden complex?!? Hair plugs all of them. I thought Leahy and spector had less hair.
Vast majority of detainees tortured had little to no value since al Qaeda information is compartmentalized. These prisoners had no information to give up.
Schumer is praising effective techniques.
So if rapport is effective… …kudos.
If torture is effective… …kudos.
Thanks I didn’t think of the connection and here I thought Chuck was making me sick just because.
Rapport-based techniques require an understanding of the enemy, his or her language, religion, culture, way of thinking. Bottom line, we didn’t and largely still don’t have enough interrogators with those skills. Nor do we seem interested in acquiring them; under Bush, those skills are not desired, rewarded, protected or promoted. They contradict the ”torture works” meme.
CheneyBush’s solution? Just ”beat it out of ’em”. Works about as well as trying to school Junya in ethics, compassion or economics.
i appreciate how Cloonan debunking the use of torture AND pointing out how it’s use is setting us up for future attacks.
break until 2pm to continue with cloonan’s opening statment.
Recessed. That was a good opening statement by Jack Cloonan.
Whew — that was some seriously fast typing. *g* Thank goodness Cloonan is a slow talker. All those years of courtroom testimony prepping him to be nice to a court reporter — he’s much kinder on the typist, I have to say…
just a little levity richt now, bush actually fired rove, this from think progress;
In reviewing Alex Gibney’s excellent documentary, “Taxi to the Darkside,” Wapo writer Richard Leiby really brings this home — from, “Down a Dark Road:”
More from Leiby’s review:
Thanks Christy!!
I hope someone records the next panel?!? I like that Phillipe Sands.
I mean Sands knows how to put down a rethuglican very well. And I recommend the Moyers interview. I think I want to buy the book as well.
Siri @ 43
It’s good for representative government that DiFi and Schumer are exhibiting more testosterone. Partly, it’s so that they can tell voters they’ve been this ballsy throughout Bush’s reign. Thankfully, blogs make such false, empty claims harder to sustain.
Cloonan is right, you can’t put the genie back in the bottle and Bin Laden isn’t going to just forget.
take a moment and spotlight this thread to any and all press outlets, demand coverage so the non-c-span geeks like ourselves may get this news tonight…
Whether or not report reached Mueller (or Wainstein for that matter as either General Counsel or COS) by going up chain or not, if they didn’t reach them by their APPEARANCE IN THE PRESS BEGINNING YEARS AGO then you’d have to say that the investigative functions of FBI are pretty pathetic.
I don’t believe that Mueller got no info from the principals meetings.
I don’t believe that, as reported in Rorhsach and Awe, you have an FBI agent threatening to arrest a CIA agent over treatment of Z (possibly the live burial that “the lawyers” back home authorized) and somehow no one tells Mueller – either about how the prime suspect is being interviewed OR the departmental clash.
I don’t believe you have Cloonan and Coleman being extremely vocal and not anonymously vocal, but with their names attached to their statements, and Mueller and Wainstein never heard anything about it. That’s all bull
And Fine’s report doesn’t go into the JWLindh case at all or DOJ misfeasance there. It doesn’t go into black sites. It doesn’t go into the failure by anyone to put lit holds on info, beginning from the Jan 2002 memo by Gonzales where he says future administrations may instigate War Crimes Act prosecutions, forward to any point where any of the many lawsuits and motions required holds. The DELIBERATE destruction of evidence coupled with a DOJ concentrated effort to make sure no one was preserved evidence.
He doesn’t go into the FBI’s knowing use of unqualified translators (as was established in the Edmonds investigation) and the manner in which this may have contributed to further abuse.
He doesn’t go into whether or not conspiracy to torture charges should be filed against specific persons at FBI for their participation in trying to have a detainee at GITMO shipped to Jordan or elsewhere for torture. That was a plot that, though thwarted, certainly was more independently hatched and went further towards completion than anything the Miami suspects did.
He doesn’t go into what FBI and DOJ knew, even if it was only at the highest levels, when Paul Clement stood before the Sup Ct and, on behalf of the DOJ and Executive Branch of the USA, specifically made the fact allegation that the US Executive does not torture or do things like torture. Did anyone come forward to correct this misrepresentation based on, for example, knowledge of what was being done to these detainees? Nope – and yet a WHOLE FREAKING CARTEL of lawyers had earned their torture field trip badge at GITMO, in addition to the abstractions of memos and reports were pouring in from numerous sources to all kinds of administration lawyers will duties to correct false representations to the court.
Not one of those lawyers did their job and came forward and made those corrections. Sure, the Abu Ghraib pictures blurred things, but even there, during all the TESTIMONY TO CONGRESS where there were more and more misrepresentations piled on, not one lawyer came forward to correct the misrepresentations made.
Their respective Deans may mother hen Yoo and Goldsmith all they want on the fact that “memos aren’t criminal” (which is a lie, of course, when they serve as the final authorization and solicitation to commit the criminal acts and when they also, on the military front, take away a soldier’s grounds to refuse to obey orders to abuse and torture by making those order ‘legal”). But how the heck do they justify the blatant, huge, direct breaches of duty on every front – the failures to correct records, the failures to have evidence preserved, the failures to come forward with their personal knowledge of obstruction, their personal witness to actions that Hamdan made clear (even if they wanted to pretend otherwise prior to Hamdan) were crimes under the UCMJ, etc.
Fine is afraid to really scratch the surface – this is all just the frilly baby clothes and he’s not pulling out the used diapers for anyone to see.
Maybe it’s the powers aligned, very likely it’s partly the Congressional compliance that gives no actual recourse, maybe it’s a feeling of kinship with the people who Bush used and abused – in our intel and military as well as civilians like Kurnaz and Arar and Errachidi.
But he’s not giving a real picture. Where are the questions on what happened to KSM’s children? Where are the questions on the DEATH of a “young” detainee by hypothermia/stress position torture detailed in Priest’s article? Where are the questions about the thousands up on thousands of civilians run through, or kept indefinitely, in the concentrated population camps established in Afghanistan and Iraq? Where are the questions about Donald Vance and what happened to him?
It all goes on and on and Congress doesn’t want to know. And oh yeah – Fine’s report doesn’t mention how many in Congress knew about the torture either. Who was briefed and acquiesced. Who was briefed and stayed silent. No “targeted” inveistigation will ever tell the picture – that’s what Taguba tried to make clear way back when. He said the investigation into “only” military police without opening the door to military intel gave the wrong picture and he was right and Congress, especially Warner, Levin, McCain, Clinton, etc. on the Armed Services committee made sure his courage was stifled by their complicity.
A pox on all their houses. Think of the people they’ve made into murderers, even if they’ve legalistically taken away the label of murder, and think about that as well as the victims of the kidnap, human trafficking and abuse.
JimWhite — if you are still around, just left you a reply on the earlier thread. I’ve been listening to the hearing, but only popping in here sporadically. Your point that Caproni was probably denied access to the OLC opinions is well taken. I suspect you are correct. However, I’m puzzled that if that was they case, why didn’t she testify to that fact when Whitehouse pressed her on it? She simply left it at not having reviewed them, rather than defending herself by stating she was not permitted to review them.
Thanks so much for this Christy!
The only way we will ever get the government to behave is by following these and spreading the word, helping the people to hold our representative’s feet to the fire.
I think this is probably the best chance our democracy has of surviving.
Second! ((((Christy))))
Digg it!
Ditto, thanks Christy!
Great to have the old FDL back :D
Perris @ 60:
Perris @60:
Bush fire Rove? Seems about as likely as Junya volunteering for a sex change operation. He may have been persuaded that Rove could continue to be effective with an office outside the White House, but only if Karl was involved in shaping that reality for Shrub.
I would interpret this meme as an attempt to show that Bush has an independence, maturity and management skills – in order to promote the value of McSame continuing his regime – that are belied by his record and his abject dependence on Cheney and Rove.
Yes, that is a mystery, but I think she is leaving that for people to read between the lines. Not to defend her, but she went pretty far out on a limb stating that what she knows of the declassified versions of the opinions is not what she would decide if she were to write the opinions. Given the behavior of Bushco, coming out and stating that she was not allowed to read the opinions could be seen as insubordination in their books. She’s probably close to it just by appearing at the hearing.
He’s no idiot.
He is dangerous.
What? Never went away. We do this alla time…
Thanks for that Mary. If only Congressional committees permitted guest members of their panels to ask questions of the witnesses — if the likes of you, EW, Horton, Greenwald, etc. were allowed to participate, imagine how much more useful such hearings would be…
I saw that earlier, too. I wondered, didn’t Mr. Rove, the genius, the brain, question in his heart of hearts why the Prez was going to church with him?
As in, the boss buzzes you and asks for you to come to his office, or a partner says We need to talk. We’ve all that those moments, where the heart starts pumping and the stomach goes a bit sour.
And…I thought we were told, at the time, that he just wanted to spend time with his family. I thought, yeah, now he can clean out his garage. Does anyone else remember the photo of Karl exiting his house to go to the Fitz meeting? The garage looked like everyone elses — full o’ junk.
Beyond the Administration’s admission to employing water boarding only “3 times,” here are but 3 entries from our “military’s own records.”
Department of Defense Autopsy Number AO295 – death certificate for unnamed detainee who “died” while in US custody at Whitehorse Detainment Facility, Nasiriyah, Iraq:
Department of Defense Autopsy Number A02-093 – death certificate for unnamed detainee who “died” while in US custody at Bagram Collection Point:
Department of Defense Autopsy Number A03-144 — death certificate for unnamed detainee who “died” while in US custody at Helmand Province, Afghanistan:
This last entry may have been for “Dilawar,” the taxi driver featured in Alex Gibney’s documentary, “Taxi to the Darkside.”
If you can tell me how to hold “my representative’s (Libocrat)” feet to the fire, I’ll declare a genius above all geniuses.
He’s wonderful. Did you see it mentioned earlier that he asked to be put under oath?
thank you Mary.
thank you mary. thank you christy. thank you pups.
gotta run. catch you-all later.
amen!
Great post Redd,
Thanks!
Thanks for the reply, that may well be it. By the way, do we know on what grounds Tenet slithered out of attending and sent Caproni in his place? I’m sure it was no accident that the person sent to testify arrived after the key decision that FBI interrogators would not participate in the abusive practices of others. Do we know if Caproni is career FBI or a political appointee?
Nah, missed it.
i must have missed it while trying to avoid alla the primary.
A) All the “would torture keep us safer” crap is not only nonsense, but in the hundreds and hundreds of years of the evolution of laws, guess what – this has already been thought about and the law has given a solution. It’s not to make torture legal. It is to provide the legal DEFENSE of necessity and to allow juries of peers to examine the facts and determine whether the defense applies. Just like self defense. But nothing about a necessity defense involves or allows for destruction of evidence, cover ups, and the hiding away of victims for years upon years while engaging in mental and physical human experimentation on them; nor does anything about such a defense allow for the same to be done with respect to innocent kidnapped or purchased civilians for years after the “mistakes” giving rise to their kidnap or purchase are known.
B) It doesn’t matter how you define torture. We happen to have a Constitution that prohibits Congress from authorizing, in any way, shape or fashion, Attainder. Congress is not allowed to authorize the abuse of people detained on Executive whim and without judicial proceedings. It doesn’t matter whether you call it torture, abuse, pains, penalties, etc. – Congress is Constitutionally prohibited from allowing or authorizing attainder. And GITMO is nothing by an attainder facility.
The eerie thing going on is the elevated and shrill tone from the gasping remnants of the far right.
If you have seen Michael Ledeen’s, Pam Gellar and Thomas Sowell’s latest screeds, they contend the barbarians are at the gates and the Iranians are a whisker away from the complete takeover and destruction of America.
The abject lunacy is striking, but I fear that they are stoking such irrational fears that individual actors may begin acting out on their well stoked scenarios.
Troubled times indeed.
-G
Are these the “effective techniques” Schumer was praising?
Phred @69:
Carponi did say to Whitehouse that she was ”not allowed” to read the classified OLC opinions on torture – and still hadn’t seen them. Virtually no one has, including the general counsel at the CIA as well as the FBI.
Those opinions are meant to guide senior government players in running their agencies. Since Bush has kept them hidden, ”guidance” is not his objective. They are his Get Out of Jail Free cards. The only guidance Bush wanted to give his prosecutors, interrogators and their government lawyers was his typically superficial, unknowing, cheer leading: ”Go do it”.
We no longer have an evolution of laws. We have the creationism of laws as decided by the Decider.
Marcy and I have been trading off a bit, depending on whose schedule is what — but we’ve been doing lotsa coverage on both ends of things. Can’t do liveblogging if I’m having issues with my hands, so there are days when I can’t get to hearings I’d like to cover as a result. But I think we’ve been doing a LOT of issue coverage in and among the primary crap, too — it’s a balance. Some folks were peeved because we weren’t covering their favorite cndidate enough (pick one!), some folks were peeved because we weren’t criticizing their abhored candidate enough (pick one!), some folks wanted more non-primary discussion.
I cover what I think is important and needs to be said, and hope that’s enough…because, frankly, it’s the best I can do under the circumstances. *g*
Time to mind the store. I really want to see the second panel though. See ya all. Later Demi.
You have email!
80 – those are the things that are being deliberately ignored – thanks for providing some specifics. At Abu Grhaib, for example (which IIRC had fewer deaths than some of the other facilities) Harman et al get punished for taking the picture of them posing around the dead body of a “detainee” who was “questioned” but what ever happened to the “questioner”
Yeah.
That’s our Congressional and DOJ and Bushled military view of how you handle things. I don’t see with people like Shcumer and Levin and Feinstein as the “A Team” for the anti-torture debate, that this country ever recovers.
((((Christy))))
Well put and thank you, again, for this important coverage.
We do appreciate what all of you do and we get worried, cranky and quite frankly scared when things seem so messed up. Will you pardon us for acting like brats sometimes? Thanks you everything you do.
First you need some matches…
KIDDING!!!
Call, write, make protest signs for overpasses that your representative passes under on the way to/from home, send cash (if you can) for good acts…
ok, thanks!
Thanks for the coverage, thread and comments.
Mary, really glad to see you here. Thank you for your witness to the disgrace of this administration on torture.
I think this afternoon’s testimony is really going to be where we get into the meat of these questions. Am looking forward to it, because Cloonan isn’t the sort of fellow who pulls his punches, and neither is Sands.
Christy, thanks for great coverage of this vital issue. The Lake is truly a national treasure.
phred: I’m doing a little more digging on Caproni. I’ve found one suggestion that she is a Democrat and evidence that she was “a Federal prosecutor in Brooklyn before becoming the regional director of the Securities and Exchange Commission’s office in Los Angeles, praised the appointment. ”She was a star from the beginning,” said Ms. Caproni, who is now in New York as a defense lawyer with Simpson Thatcher & Bartlett.”
This is a rather common practice among IG reports that I have seen. The media and even we tend to focus on any new information or admissions in them but we usually overlook how often in these reports the IGs pull their punches. Although not an IG report the same could be said about the Phase II report that just came out and which I treat in my scandals list at 359.
Thank you for doing that Christy!
truly, muchas gracias!!!!
or as some say, “much grass”.
no criticism meant! just appreciation for being able to listen and think about these hearings with you and other interested folks. many, many thanks!
Does anyone remember if my brain is recalling correctly about the crucial role that Chertoff could have played in stovepiping the complaints away from Mueller’s desk as they came into DOJ? Wasn’t he in a key role at that point at DOJ criminal division to be able to do that? Or am I misremembering his position…am gonna have to research on that, I think…
Mary @ 90:
The defense of necessity may makes its way into a revised Torture Statute, as a tiny hole. Specter was trying to make huge in his tarty questioning earlier today. But necessity makes torture a rare exception, and requires unusual case-by-case facts to excuse otherwise felonious behavior.
We’ve been told by reliable experts (eg, Scott Horton) that the ”ticking time bomb” scenario, for example, has never happened outside of a script from ”24”, suggesting that facts excusing torture would be equally rare or non-existent.
I maintain that torture is an expression of Cheney’s authoritarian rule-by-fear-and-intimidation mentality. (Itself suggesting that few would accept his leadership; hence he leads by manipulating Bush, a 21st century Renfield, from the shadows.)
As usual, Cheney misreads the situation. Fear and oppression, even with the tools of an Orwellian surveillance state, only work for a short time. What they do is stoke the fires of resentment and rebellion and perpetuate enemies. But then, having an adequately nasty enemy is as needful a thing for Big Dick as it is for Batman, Disney or Spielberg.
Do you think that maybe the Weather Channel is covering the news while the news channels focus on the weather? PITIFUL!
Thanks EOH — I missed her saying “not allowed”, thanks.
For what it’s worth, I think FDL does a fine job of covering the issues.
I’ve read a lot of moaning about the lack of coverage on any given topic or particular candidate. Uh huh, and I even read the other day, a comment saying that a commenter had stopped coming to the lake because not enough primary issues were being discussed, which made me laugh.
Eye of the beholder and all.
I can’t imagine a place that gives readers a more thorough discussion of a variety of issues.
I also want to acknowledge the (somewhat) new format of having the different pages here. This is a banquet! A smorgesbord. You offer a lot. And, you all work hard to give us the opportunity not only to learn but to discuss as well.
well that and the fact that
THERE IS TAPE!
i’m w/ John Stewart, “Don’t the REALIZE there’s tape, video and audio of them in the past?!!!?”
lol
Thanks Jim — looking forward to hearing what else you find out about Caproni…
That’s all been tried and done, even a primary. This is Lieberman we’re talking about. He’d have us all arrested. I think he arrested Lamont’s campaign manager Tom Swan way back for a-protesting at the office in Hartford. Yep here it is, the story that is. After that Holy Joe would meet and greet with a patronizing “Dear Friend” attitude, and then ignore anything anyone had to say. Pretty much.
Thanks Christy
And now I really have to go and mind the shop.
Which does not diminish the role of the unitary executive.
Christy @ 111:
That’s right. Chertoff was then head of the Criminal Division. I don’t know the org chart, but would assume that would make him the DOJ executive on point in overseeing the FBI.
New Hamsher
Primaries between two middle of the road dems can come and go. The issues seem to remain though, like those gnawing questions on torture and all.
Okay have a good one!
That’s where complaints form FBI agents would have gone — and he would have then passed them up chain of command, was my understanding of testimony from Fine. I wish there had been follow-up on that issue from someone. Guess we’ll have to highlight it ourselves, eh?
IIRC Chertoff was head of the Criminal Division, so he might have been able to play a bit of hide and seek with Mueller, but I should double check that as well as the dates he served in that capacity…
I got zed on likuderman thread
Today’s discussion on torture and how it is truly widespread makes me want to share a snippet from Naomi Klein. From page 125 of Shock Doctrine:
I subscribe to the school of thought that if there ever is a ticking timebomb situation then your intelligence effort has already failed. I would say to in such a situation if I were a terrorist and even if it were my last act I would tell the bastards who were torturing me that the bomb was at the mayor’s office when I knew for sure that it was at the airport. I don’t think my reaction would be exceptional or unusual in the least.
Sounds like Chertoff was DOJ executive on whitewashing FBI oversight.
seriously, you have a clock to run out.
Mary @ 68:
One of the important points you raise is about the FBI’s knowing use of unqualified translators, resources, one would think, that would be essential in using rapport-based interrogation techniques. (Whereas anybody with a few muscles and no inhibitions could beat up a chained and shackled prisoner.)
I’m sure Bush would consider his choice of torture as a simple resource management problem. Except that the Pentagon, FBI and others have gone out of their way not to build those essential language skills, and to promote language-barren neocon neophytes to important jobs here and in Iraq and Afghanistan. (Arabic language was a disqualifying skill in eg, Doug Feith’s ”intelligence” outfit at the Pentagon. Howzat for a contradiction in terms?) It’s Tim Griffin Resume Padding on a government-wide scale.
The method in that madness is that lacking those skills and the associated experience and networks they imply, the top bozos like Feith, Rumsfeld and Cheney are never confronted with credible evidence that their assumptions are incorrect, that they’re execution is deeply flawed and incompetent.
Viewed in that light, outing Valerie Plame, with her expertise in ferreting out weapons of mass distraction, was a positive good, at least for Big Dick.
Well, I passed along the Chertoff follow-up question to a couple of staffers for folks on the committee. Here’s hoping someone sees it after lunch and passes it along. If not, I’ll work on a post — or likely will work on one anyway. *g*
Plus, Jane’s got a fresh thread up top for everyone…
Excellent! I really really hope they follow up on the Chertoff connection — thanks Christy!
Perhaps he was just too busy meeting with his former law firm colleague….and doing heaps of nothing about payments to terrorist death squads.
Hey – between former firm colleagues, what’s 4,000 AK-47’s delivered through the corporate port to terrorist death squads?
Wonder what Chertoff just can’t be bothered to notice at DHS? (in addition to the Constitution)
Just wanted to chime in my THANKS as well.
Ah Chertoff is just resting on his laurels and indulging in his porn fetish. Who needs a constitutional ban on unreasonable searches, when you can routinely strip search people in airports without them even making a fuss?
Thanks Jim! Spot-on observation from Naomi!
Have been trying, today, to track down video of her presentation at the Media Reform conference this past weekend — Media and the War: An Unembedded View.
She chided not only the corporate MSM, but folks here in Leftblogistan, as well, for failing to tackle the “big money” angle of both the Iraq war and the so-called GWOT.
Me, I’ve been a pest on what has been the TRUE strategic objective in Iraq from the get-go: “IT’S OUR OIL!”
Recall that Churchill authorized the use of “poison gas” on the Kurds 20 years before Saddam was even born.
Recall, then Halliburton CEO, Dick Cheney’s 1999 speech to the London Petroluem Institute.
Recall Cheney’s pre-invasion “dibs” sessions — his “Energy Task Force” meetings — in which Exxon, British Petroleum, Shell, et al plotted the expulsion of “foreign suitors” and how to divvy up the “2nd-largest oil reserve on the planet.”
Passage of an amenable “oil law,” and an abiding “Status of Forces Agreement” to enforce it, still pending.
someone likely needs to delve waaaay into Skeletor. Under that rock there lies gold, me thinks.
112 – I agree on the rare exceptions point you mentioned. Obviously, necessity would have nothing to do with Thompson signing off on sending Arar to Syria for torture. And the validity of the defense is directly undercut by the coverups, destruction of evidence, and continued false imprisonment of, and human experimentation on, detainees well after the “mistake” of their kidnap/purchase becomes known.
IMO, there isn’t any need or desire for a statutorily spelled out necessity defense – what exists at law is sufficient and you don’t give out “safe harbors” for torture. That’s just depraved.
OT
Baghdad style checkpoints in WashDC
fyi
111 – no one should forget the roles Wainstein (who is still at work, cramming through FISA legislation) played as FBI general counsel and Mueller COS.
Also, someone should be digging into the specifics of all the lawyers on the torture trip to GITMO.
The MSNBC and Goldsmith book accounts vary slightly it seems (I won’t be reading Goldsmith’s self-serving epistle, but from what I have seen quoated), but if you combine the lists you have (from the MSNBC story re: Fallon et al)
Gonzales (then WH counsel), Addington, Flanigan (no one seems too interested in him – despite his role in some of the more egregious memos as well – he’s got his nice corporate slot now), Haynes (maybe torture field trips were why he didn’t have time to respond to Bowman?), Thompson (who went on to be Gen Counsel at Pepsico after his efforts in signing off on the Arar torture rendition and the torture field trip to GITMO – a man whose absence from questioing lists is prominent by its absence and a man who, with Ashcroft, was being sued for participation in torture in a public lawsuit at the very time Clement was saying that the US didn’t do things like torture), Christopher Wray (this is an interesting and undelved link – he was a principal associate deputy ag at the time, but went on to take Chertoff’s slot heading Criminal Division at DOJ), and Yoo.
Per sailmaker, Goldsmith’s book give you the following crew on either the same trip or one within a day or so:
Fisher ended up replacing Wray at Crim. So questions re: Chertoff should be inclusive of Fisher and Wray.
And btw, memos aside, after Hamdan came down with the rulings that techniques not authorized by Congress could not be authorized by the President and if the UCMJ deemed them criminal – they were criminal – each of those lawyers would seem to have knowingly agreed to step from their roles as advisors to become FACT WITNESSES on the crimes, at a minimum from the time Hamdan spelled out that they were crimes, due to their trip.
Now we aren’t talking Executive privilege or atty client privilege. We are talking fact witnesses to what they saw and heard (vis a vis abuse discussions) there. No privilege attaches to an attorney (or other individual) in his role as a fact witness. So they either show up and testify if subpoenaed on what they saw and heard – - or they admit that they were a part of the plan of torture/abuse and take the fifth.
Then the respect Deans and Corporations can deal with the issue of their profs and Gen Counsel taking the fifth on torture investigations. That’s not “memos”
Maybe someone will ask a question about who Fine can come up with from the torture trip info as FACT WITNESSES Congress should call. ;)
136 – “Recall that Churchill authorized the use of “poison gas” on the Kurds 20 years before Saddam was even born.”
I can’t recall it bc I didn’t know it. Really?
On the oil front, the truth is that most of the large fields (of interest to the big multinational oil companies) have been discovered. And as Saudi Arabi and Iran and Iraq and Venezuela went to controlling their oil reserves themselves through national companies, those oil companies have been left with the realization that they won’t be increasing, but rather depleting, reserves and control of reserves.
OTOH, if the US invades Iraq and seizes control and gets a law passed that, in essence, gives the multinationals at least 20% (via participation requirements) of Iraq’s known reserves, and that all happens without Exxon having to spend any money (getting things done on OPM – other people’s money – is a mantra of the oil and gas and other business fields), that’s a great speculation for them to push. Lots of upside and for them no down side. They aren’t worse off if the shot fails, and they are substantially better if it goest through. So the Exxon funded AEI went forth and promoted the war the same way other small oil and gas players promote a prospect, just using different props and propaganda.
I haven’t read through all of thread, but did anyone ask if bush &/or cheney watched any of the interrogations via video?
For crying out loud, when are the people who advocate this sort of thing going to wise up? Not only have we been committing crimes and destroying our reputation around the world, but we probably haven’t gotten any net benefit from it even in the narrow sense of getting useful information.
Preaching to the choir, I suppose, but this is infuriating.
Google fodder:
Have not drilled down to a specific link or quote, but recall Phillipe Sands speaking of interviews with Diane Beaver (the lawyer at GITMO); her boss, Mike Dunlavey; and the commander of US SouthCom, General Hill.
From Democracy Now interview:
The Green Light, by Phillipe Sands
liveblog continuing a few threads up
Again, no specific link, sry . . . (get your Google on!)
Ballpark: the “law” would open two-thirds of Iraq’s oil fields to development by US/UK oil giants (”to the victors, the spoils”), and provides a 60%/40%-75%/25% (somewhere in that neighborhood) split of the profits — the short end for the Iraqis.
Go figure: some provisions of the law are “secret.”
[apologies if this is too OT]