Dear Senator Feinstein,
I read your January 30 letter in the New York Times critical of an op-ed article by former Army interrogator Matthew Alexander in the 21 January issue of the Times. Alexander’s article, “Torture’s Loopholes“, labeled certain interrogation techniques allowed in the current version of the Army Field Manual on Human Intelligence Collection (AFM) as “actions that no right-thinking person could consider humane.” In particular, Mr. Alexander noted that the Army Field Manual allows, in its Appendix M, for unlimited solitary confinement, sleep deprivation, and “monstering”, a form of extended interrogations lasting up to 40 straight hours.
In your letter, you disagreed with this assessment, indicating that the manual used “noncoercive, rapport-based techniques to get detainees to talk.” You wrote:
The Army Field Manual remains the best standard for conducting interrogations. It governs not by prohibiting harsh techniques, but by affirmatively authorizing 19 specific techniques that can be used to elicit information. Anything outside those specific techniques — including use of stress positions — is, by omission, unauthorized.
However, in your letter you also recognized the use of an “alternative technique of ‘separation’ [that] allows harsher treatment than the rest of the Army Field Manual” (emphasis added). Despite the fact that the administration’s special task force on interrogations approved the use of the AFM without changes last August, you indicate that the administration is working to review the use of the “separation” technique. That’s the first I’ve heard of that, and if true is good news.
But the bulk of your letter to the Times indicates that you support the AFM standard. It also presents a picture of both the manual and the “technique” of separation that has been promoted by the Department of Defense, and in its particulars is untrue.
For instance, the separation “technique” is not a technique at all. As I wrote in an article at AlterNet in January 2009:
Appendix M, titled “Restricted Interrogation Technique — Separation,” misrepresents itself from the very beginning….
What kind of procedures, which the manual avers cannot be used on regular prisoners of war (who are covered by the Geneva Convention Relative to the Treatment of Prisoners of War), make up this special interrogation “technique,” separation? In fact, it includes the following: solitary confinement, perceptual or sensory deprivation, sleep deprivation, the induction of fear and hopelessness, and the likely use of sensory overload, temperature or environmental manipulation, and any number of other techniques permitted elsewhere in the AFM, such as “Emotional Pride Down.” As at Guantanamo and at prisons in Iraq and Afghanistan, a “multidisciplinary” team implements the program, including a behavioral science consultant (likely a psychologist).
Some of the AFM’s abusive techniques appear outside the offending Appendix M. For instance, the use of the Fear Up technique allows for the identification of “a preexisting fear or creates a fear within the source… [and] then links the elimination or reduction of the fear to cooperation on the part of the source.” The previous version of the AFM, one which was in effect at the time of the passage of the Detainee Treatment Act of 2005, warned that the use of Fear Up had “the greatest potential to violate the law of war.” That version only allowed for “the exploitation of a source’s pre-existing fear during the period of capture and interrogation.” The Obama administration-approved 2006 version allows for the creation of new fears. This is a psychological manipulation that moves that technique into the area of war crimes.
There were other changes to the current version of the AFM as well. One particularly pernicious modification concerned the use of drugs in interrogations. The instructions now allowed greater latitude for drugs that cause disruption of the senses and temporary psychosis. The Obama administration-approved AFM only prohibits “drugs that may induce lasting or permanent mental alteration or damage.” The pre-2006 AFM had specifically prohibited “chemically induced psychosis,” but this language has been dropped in the current AFM.
The changes in the Army Field Manual have been sharply criticized by numerous human rights groups, including Physicians for Human Rights, Center for Constitutional Rights, Amnesty International, ACLU, The Constitution Project, and others. Even so, the Department of Defense and its supposed “experts” on interrogation have clung to the Bush-era Army Field Manual, and despite your indication otherwise, have demonstrated no inclination to change that policy. Recently, the Public Affairs Office at Guantanamo confirmed that it uses Appendix M techniques in some of its interrogations.
The procedures by which the examination of interrogation techniques by U.S. forces are being evaluated have zero transparency. We do not know what experts are being consulted, nor can we examine their suggestions or critiques. Given the recent history of the widespread use of coercive interrogation techniques throughout both intelligence and Department of Defense centers of operation, and the ongoing use of some of these techniques, the public trust in the processes by which these issues are being examined within government agencies, including the Interrogations Special Task Force, is essentially zero.
We need an open, public investigation of these issues. You indicate that a “highly skilled team to interrogate ‘high-value detainees’” will soon be operational. What would such a team look like? What interrogation techniques will they be allowed to use? What is the process of “review” currently underway in the Obama administration on matters related to the AFM? What has the Senate Intelligence Committee done in relation to these issues?
The use of the AFM goes to the heart of the continuing scandal that surrounds the use of torture by the United States. The AFM allows the use of techniques that violate the Geneva Conventions, U.S. law, and international treaties, such as the Convention Against Torture, to which the U.S. is a signatory. Your defense of the Army Field Manual is wrong, or misguided. I hope that you reassess this position as soon as possible. We cannot have the chairperson of a congressional committee that exists in a watchdog capacity upon the intelligence agencies of this country be someone who supports the use of illegal and abusive interrogation techniques by those same agencies.
Sincerely,
Jeffrey Kaye, Ph.D.
San Francisco, CA



21 Comments












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Excellent letter, Jeff. Please let us know if she responds to the actual issues you address.
If you’re going to send a letter to DiFi, be sure to include a person to read it to her. She was always a dim bulb, and if you’ve seen her in public lately, you know she’s well on the way to senior dementia, or somesuch.
“Emotional pride down”
Hmmm, that sounds familiar. Oh yeah, here’s a tidbit I found in the document dump from the Pentagon propaganda scandal:
The link for where I found that quote is in this diary. I wonder if “emotional pride down” and “ego down” are the same thing. I wouldn’t bet against it.
So that’s how you get a response from DiFink, own an international “Premier” newspaper. I wondered why I could never talk with nor get anything but boilerplate responses to my missives or a snide response from her phone bank drones.
Welcome to newspeak “We don’t torture, we just call it something else, that’s how we roll.”
Thank you, Jeff, great letter, what’s the next step?
Should we seek a meeting with her staff on this issue?
The bottomline on all these techniques is that they can force anyone to say what you want them to say but it will not force anyone to tell the truth. Since the eliciting of “actionable intelligence” remains the goal, these techniques are worthless.
Efficacity is one issue but the moral dimension is that most of these techniques alone or in combination constitute torture, and are war crimes.
Re the use of psychotropics, there is just no way to know which are the “drugs that may induce lasting or permanent mental alteration or damage”. You have type of drug, dosage, frequency of dosing, mental and physical state, and individual variation. You simply can’t control for these. Nor can you say often for years afterward if damage is permanent or transistory. Also to administer these you really would need an MD onboard. However any MD who participated in such practices should lose their license (and go to jail).
Isn’t she supposed to be working on a torture report, you know, the one that needed to be done before Leahy got his “truth and reconciliation commission” together, the one that stalled all other “looking back instead of forward,” investigations? It was supposedly a “very serious” thing. We get book reviews instead, with a warm and fuzzy glossary of terms?
Yes, they are the same thing. There’s a lot of other more subtle changes to the new AFM I could site. For one thing, they dropped the differentiation between Fear Up Mild and Fear Up Harsh in the new AFM.
Note that, as bmaz pointed out when Susan Crawford, the Convening Authority chief judge at Gitmo noted when she ruled that Al Qahtani had been tortured at Guantanamo, that it was the combination of techniques that amounted to torture, not necessarily the application of a single technique. Of course, Appendix M is already an omnibus technique.
Interesting idea, Teddy. Since I believe both you and I are in the Bay Area, perhaps we can discuss this back channel and see if they would do this.
I called her DC office both before and after the Bernanke confirmation. First call, I asked the phonedrone to pass along my recommendation for a no vote. I called after the vote to thank her ever so much for blowing off the wishes of her constituents by voting “Aye.” I further said that she needed to either stop acting like a Repub or drop the facade and change parties. The phonedrone drooled a cheerful, “Huh?” Par for the course.
What a tool she is…
FWIW, I’ve faxed the letter to her, with a request for response or a meeting.
A free word of warning: don’t play dress-up and by all means don’t touch a phone while you are there!
All excellent points! Given how egregious the previous policy already was, the new, even more permissive standards are even that much more outrageous. It’s a good barometer of exactly how rotten the new standards were meant to be.
They sold the AFM as an improvement over the old. This is now SOP for them, i.e., just state what is directly opposite the truth.
Your points on the unethical practices of the MDs (and I’d add the psychologists) are very important. Of course, to date, not one medical professional has been held to account for their participation in the torture program!
I wonder if she’s working her way through some kind of childhood trauma i.e. the fact that her Mom was an abusive alcoholic and her Dad was a big muckety-muck with the Republican Party in SF. Some kind of transference? Projection? Trying to please Daddy (strict Father model)?
Can’t remember the name of the book I read that in, but I think it was from the University of California and they apparently write a biography of all the gubernatorial candidates, and this specific one, was about candidates in the 1990 election where she lost to Pete Wilson
Anyway, I didn’t vote for her in the last election – I voted for the Green
Yep, as useful as a vibrator with dead batteries.
I remember vomiting when I heard how she would need six months. It was such an obvious attempt to stall and hope people forget. So disgusting. I don’t understand why Sheldon Whitehouse let her get away with it without at least making a big stink. She typifies every single thing that is wrong with the Democratic party.
torture is most useful as a method to instil fear. Leave out the question of who is targeted for it, it apeals to those who see it as a viable way to do business, but leave out that too, and so torture is a thing that pertains to the grimiest and worst examples of evil combines and nightmare developments that are available to our imaginations.
All the worst of the worst, were torture fans. ‘
It goes in the opposite direction from good. As in holding up a good image, for our country etc.
Those who are the proponents of and instigators of installing torture are of a stripe, they must have something
in their makeup. To sum up, I suggest it is a sadism from a bad upbringing. And that kind of thing will overide most of the higher mental functions some times, Emotions are anathema to IQ in other words. The brain wants to take a break while the id gets some cathartics off. Just trying to get a pet theory going here. thankyou
I forgot the best part. Hardly any subjects can keep it to just name, rank, and serial no. in the field, and with all the advancements in technologie. Today torture can procure all kinds of answers to fill in all those complicated forms. It’s to get what is needed. Not what is truthy.
I wonder if she is getting worried about having me, a little old Native American girl scout leader in Pleasant Hill, watched, threatened, black helicoptered, etc. I thought it amounted to torture and I blogged about the whole darn thing. Not only am I a US citizen and a Girl Scout Leader, but I reside in her state.
I wonder, when I emailed to her that I was going to be a political leader and she called out her dogs on me, if her acts against me will ever come back to bite her. I hope so. I think she needs to be sent to prison for her war mongering and gross acts of treason, so if there is anything I can do to help …
I thought as a US citizen I had a lot of civil rights, including the right to petition my government for redress. But what I learned from the actual experience of doing so is that the US Senate is, in fact, a racially and religiously motivated torture cell, they especially target Native Americans and Islamic people for their annihilation projects, and people like me are raped and tortured to make us shut up.
It is all based on their Catholic, Doctrine of Discovery. A 500 year old religious law of conquest that is still on the US law books today. Probably because it is just so darn useful for stripping the property and other rights from Native Americans. There is no way an honest court would find it constitutional.
As long as Senator Feinstein had all the power, terrorizing me worked out just great for her, now her political support is thinning considerably. So when you see her, please think of me. She had me tortured. She might be feeling a little bit nervous about being accused of that.
Personally, I can’t even look at her without thinking, “baby killing war criminal” and getting really, really angry. I can almost see the hundreds of thousands of murdered infants and children. Their blood dripping down her manicured chin as she feasts on destroying their tiny lives.
She approves of destroying their villages ~ forever ~ with our internationally banned, nuclear waste disposing, uranium bombs. I’m a religious leader and I call it genocide.
Good luck.
Isn’t that why they suggested it? The whole thing is a continuing cover up.