'We Don't Torture' Is A Myth

The C.I.A. waterboarded Abu Zubaydah a minimum of 83 times in August of 2002. Khalid Sheik Mohammed was waterboarded 183 times in March 2003. Firedoglake blogger Marcy Wheeler broke the latter story before the New York Times. Wheeler found information about Mohammed's waterboarding from a C.I.A. memo sent to John Rizzo, Senior Deputy Council for the C.I.A. Rizzo was involved with the C.I.A. secret prisons. His nomination for CIA general counsel was killed in the Senate Intelligence Committee.

The memo makes clear former C.I.A. Director George Tenet had to approve all uses of waterboarding.

Any interrogation plan that involves the use of enhanced techniques must be reviewed and approved by "the Director, DCI Counterterrorism Center, with the concurrence Chief, CTC Legal Group."

The memo admits Zubaydah and Mohammed were waterboarded.

Consistent with its heightened standard for the use of waterboarding, the CIA has used this technique in the interrogation of only three detainees to date (KSM, Zubaydah and 'Abd Al-Rahim Al-Nashiri) and has not been used since the March 2003 interrogation of KSM.

The damning evidence is on page 37.

The CIA used the waterboard "at least 83 times during August 2002" in the interrogation of Zubaydah. IG Report at 90, and 183 times during March 2003 in the interrogation of KSM, see id. at 91.

The memo mostly attempts the legally justify pure torture. Anyone that doesn't think waterboarding is torture should try it. George Tenet approved this. How long until Tenet starts passing the buck to George W. Bush and Dick Cheney?

President Barack Obama spoke at the C.I.A. Langley headquarters. The President promised not to prosecute or release the identity of operatives involved in waterboarding.

"You are an indispensable tool, the tip of the spear in America's international mission and our national security," Obama said. "I will be as vigorous in protecting you as you are in protecting the American people."

He acknowledged that "the last few days have been difficult" and said he would continue to fight to keep classified documents secret. But he defended his administration's decision to release select documents last week, saying much of the information in them was already public knowledge.

"I acted primarily because of the exceptional circumstances that surrounded these memos," Obama said.

Releasing the memos will put pressure on Obama to prosecute people. Former C.I.A. Director Michael Hayden has repeatedly attacked Obama. Hayden is obviously nervous. Hayden's argument that terrorsts weren't aware of C.I.A. interrogation methods before the memos were released. That is garbage. Hayden is covering his ass.



This is the same Hayden that told he didn't know if waterboarding was illegal.

It [waterboarding] is not included in the current program, and in my own view, the view of my lawyers and the Department of Justice, it is not certain that that technique would be considered to be lawful under current statute.

I have doubts only three detainees were waterboarded. A 2005 ABC News story details waterboarding and other tortures methods at an secret Afghanistan prison. Hayden told Congress only Zubaydah, Mohammed and Abd al-Rahim al-Nashiri were waterboarded. What is going on is Hayden knowingly perjured himself to Congress. I doubt Hayden will get charged for perjury. Hayden isn't so confident.

If waterboarded was safe and legal then why did the Bush administration lie about their interrogation methods for years? The Bush administration either suffered from a collective pathological lying disorder or were afraid of criminal indictments.

Update: Emily Bazelon proposes disbarment for David Addington, Alberto Gonzales and Jim Haynes. I would add Rizzo and Rizzo and John Yoo. How can Obama be able to argue these men shouldn't disbarred?

Update: John McCain criticizes Obama for releasing the memos. (Still testy about the election.) McCain does state waterboarding is morally wrong.

It's unacceptable. It's unacceptable. One is too much. Waterboarding is torture, period. I can ensure you that once enough physical pain is inflicted on someone, they will tell that interrogator whatever they think they want to hear. And most importantly, it serves as a great propaganda tool for those who recruit people to fight against us. And I've seen concrete examples of that talking to former high-ranking al-Qaeda individuals in Iraq.

Update: Batocchio has a lengthy must read piece on David Rivkin's defense of waterboarding.

CIA Confirms Waterboarding

CIA Director Michael Hayden confirms that the agency waterboarded detainees Khalid Sheik Mohammed, Abu Zubaydah and Abd al-Rahim Nashiri. Former CIA officer John Kiriakou told the media he supervised in the waterboarding of Abu Zabaydah. Kiriakou told MSNBC host Dan Abrams the White House was aware that Zabaydah was tortured. The CIA destroyed tapes of the detainees of being waterboarded.

Abrams: So do you believe the White House ultimately knew that he was being waterboared?

Kiriakou: Absolutely.



President Bush repeatly denied that the administration was torturing suspects. When pressed about waterboarding, Bush would say he didn't want the enemy to know about interrogation techniques. That is a disingenuous way of the President not giving a yes or no answer. Astronauts on the International Space Station are likely aware that the United States waterboards.

This is the same President whom Lewis "Scooter" Libby and Scott McClellan publicly stated was involved in the leaking and cover up of Valerie Plame's CIA covert status. Bush has no respect for classified information. He is hiding behind secrecy to protect himself from criminal prosecution.

Does anyone really believe Bush has the same difficulty understanding the meaning of waterboarding that Bill Clinton had with the word "is?" Politicians use the stupidity excuse when they are in legal trouble. I doubt Bush will be prosecuted for torture.

After all the deception, Hayden is pleading with Congress not to make a law forbidding waterboarding. The Director uses fearmongering to get his message across.

"One should not expect them to play outside the box because we've entered a new period of threat or danger to the nation, OK? So there's no wink and nod here," he said. "If you create the box, we will play inside the box without exception."

Terrorists aren't the only groups guilty of playing outside the box. The White House still hasn't come clean about secret prisons and the kidnapping of Maher Arar. The Canadian citizen was taken to Syria by the CIA. The Syrian government tortured him. Maher was finally released by Syria and cleared by the Canadian government. Maher was abducted because he had a similar name to a person on the CIA's terrorist watchlist. The Bush administration refuses to comment on the Maher case. The reason is because it is (you guessed it) classified.

Gathering Facts

White House Press Secretary Dan Perino can't comment on why interrogation tapes were destroyed because the CIA is gathering facts. CIA Director Michael Hayden is gathering facts for destoying evidence? WTF.

Perino says the White House is supportive of Hayden's decision. Why gather facts for tapes the White House and Hayden admit should have been destroyed? This is a cover story.

"Gathering facts" has become the new no comment.

Torture Tapes Destroyed

The CIA admitted to destroying videotape of of interrogation of two Al Qaeda suspects. The Agency destroyed the tapes in 2005 out of fear of potential criminal prosecution. If that isn't a tipoff that the CIA and White House is violated the law then I don't know what is. The CIA would not have destroyed the tapes if they weren't concerned that their actions qualified as torture. The Geneva Conventions (which the United States signed) is quite clear on this.

To this end the following acts are and shall remain prohibited at any time and in any place whatsoever with respect to the above-mentioned persons:

(a) Violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture;

(b) Taking of hostages;

(c) Outrages upon personal dignity, in particular, humiliating and degrading treatment;

(d) The passing of sentences and the carrying out of executions without previous judgment pronounced by a regularly constituted court affording all the judicial guarantees which are recognized as indispensable by civilized peoples.

The Bush administration has violated all of these rules. Children have been held prisoner. Khaled El-Masri was illegally kidnapped. Alberto Gonzales contends that there is no express right to habeas corpus. The White House has maintained that violated our rights is to keep us safe. You can guess how CIA Director Michael Hayden explains why evidence was destroyed.

General Hayden said in a statement that leaders of Congressional oversight committees were fully briefed on the matter, but some Congressional officials said notification to Congress had not been adequate.

"This is a matter that should have been briefed to the full Intelligence Committee at the time," an official with the House Intelligence Committee said. "This does not appear to have been done. There may be a very logical reason for destroying records that are no longer needed; however, this requires a more complete explanation. "

Hayden's statement doesn't pass the bullshit test. The 9-11 Commission asked if such tapes existed. The CIA never handed any tapes over Philip D. Zelikow, never knew of the tapes existence.

"The commission did formally request material of this kind from all relevant agencies, and the commission was assured that we had received all the material responsive to our request," said Philip D. Zelikow, who served as executive director of the Sept. 11 commission and later as a senior counselor to Secretary of State Condoleezza Rice.

The policy of the Bush administration is deny, cover up, get caught, lie and repeat cycle. Nothing they say should be taken at face value.

Quote of the Day

"This was designed to be low key."

Michael Hayden, making the understatement of the year. Hayden authorized an internal investigation into it's own Inspector General. Hayden would not comment on why he authorized the investigation. The Inspector General's job is to provide oversight of the CIA.

Hat tip to Lindsey.