11 Years After CIA Torture Victims Arrived at Guantánamo, Whistleblowers Joseph Hickman and John Kiriakou on How Torture “Became Legal” After 9/11

Joseph Hickman and John Kiriakou, former US whistleblowers and authors of 'The Convenient Terrorist', a new book about the US torture program, with a particular focus on Abu Zubaydah.Please support my work! I’m currently trying to raise $2500 (£2000) to support my writing and campaigning on Guantánamo and related issues over the next three months of the Trump administration.

 

I wrote the following article for the “Close Guantánamo” website, which I established in January 2012, on the 10th anniversary of the opening of Guantánamo, with the US attorney Tom Wilner. Please join us — just an email address is required to be counted amongst those opposed to the ongoing existence of Guantánamo, and to receive updates of our activities by email.

Exactly eleven years ago, on September 6, 2006, George W. Bush, who had previously denied holding prisoners in secret prisons run by the CIA, admitted that the secret prisons did exist, but stated in a press conference that the men held in them had just been moved to Guantánamo, where they would face military commission trials.

To date, just one man has been successfully prosecuted — Ahmed Khalfan Ghailani, a minor player in the 1998 bombings of two US embassies in Africa, who was only successfully prosecuted because he was moved to the US mainland and given a federal court trial. In response, Republican lawmakers petulantly passed legislation preventing such a success from happening again, leaving the other men to be caught in seemingly endless pre-trial military commission hearings, or imprisoned indefinitely without charge or trial. Seven men — including Khalid Sheikh Mohammed and four other men changed in connection with the 9/11 attacks — are in the former category, while another man (Majid Khan) agreed to a plea deal in 2012, but is still awaiting sentencing, and five others — including Abu Zubaydah, a logistician mistakenly regarded as a high-ranking terrorist leader, for whom the torture program was first developed — continue to be held without charge or trial, and largely incommunicado, with no sign of when, if ever, their limbo will come to an end.

Last year, I wrote an article about the “high-value detainees” on the 10th anniversary of their arrival at Guantánamo, entitled, Tortured “High-Value Detainees” Arrived at Guantánamo Exactly Ten Years Ago, But Still There Is No Justice, and this year I’m taking the opportunity to cross-post an excerpt from a recently published book, The Convenient Terrorist, by Joseph Hickman and John Kiriakou, published by Skyhorse Publishing, Inc., and available from Amazon, Barnes & Noble and IndieBound. The excerpt was first published on Salon. Read the rest of this entry »

Challenging the Nomination of 2005 “Torture Memo” Author Steven Bradbury as a Lawyer in the Trump Administration

Medea Benjamin of CODEPINK: Women for Peace challenges Steven G. Bradbury over his role as a "torture memo" author at his confirmation hearing as a Trump administration lawyer on June 28, 2017.Please support my work! I’m currently trying to raise $2500 (£2000) to support my writing and campaigning on Guantánamo and related issues over the next three months of the Trump administration.

 

Yesterday (June 28), three members of Veterans for Peace — the US military veterans’ organization founded in 1985 and committed to building “a culture of peace” — interrupted the Senate confirmation hearing for Steven G. Bradbury, nominated by Donald Trump as general counsel for the Commerce, Science and Transportation Department, and were subsequently arrested. Videos are available here and here,

The three VFP members — Tarak Kauff, Ken Ashe and Ellen Barfield — were protesting about Bradbury’s role as one of the authors of the notorious “torture memos” under George W. Bush, and they were not alone. As the New York Times explained, Sen. Tammy Duckworth, a Democrat from Illinois, told Bradbury at the hearing, “You lacked the judgment to stand up and say what is morally right when pressured by the president of the United States, and I’m afraid you would do so again.” She then “wagged her finger at Mr. Bradbury and accused him of having a dangerous ‘rubber stamp’ mentality,” and said, “I cannot oppose this nomination strongly enough.”

For my call for Steven Bradbury to be prosecuted — along with other senior Bush administration officials and lawyers — listen to my song ‘81 Million Dollars,’ performed with my band The Four Fathers.

The “torture memos” were written and approved in the Office of Legal Counsel (the branch of the Justice Department that is supposed to provide impartial advice to the executive branch), and the first examples were written by law professor John Yoo, and approved by Yoo’s boss, Jay S. Bybee. The memos sought to redefine torture so that it could be used by the CIA on Abu Zubaydah, seized in Pakistan in March 2002 and regarded as a “high-value detainee,” and approved a list of techniques that included waterboarding, an ancient torture technique that involves controlled drowning. Read the rest of this entry »

Torture Victim Abu Zubaydah, Seen For the First Time in 14 Years, Seeks Release from Guantánamo

Abu Zubaydah: illustration by Brigid Barrett from an article in Wired in July 2013. The photo used is from the classified military files released by WikiLeaks in 2011.On August 23, 2016, the most notorious torture victim in Guantánamo, Zayn al-Abidin Muhammad Husayn, better known as Abu Zubaydah, became the 61st prisoner to face a Periodic Review Board, and was seen for the first time by anyone outside of the US military and intelligence agencies, apart from representatives of the International Committee of the Red Cross, his attorneys and translators, since his capture 14 years and five months ago.

For the Guardian, David Smith wrote, “His dark hair was neat, his moustache and beard impeccably trimmed. His shirt was high-collared and spotlessly white. He sat at the head of the table with a calm, composed mien. It was the first time that the world has seen Zayn al-Abidin Muhammed Husayn, also known as Abu Zubaydah, since his capture in Pakistan 14 years ago.” He added that, “[a]fter a brief technical hitch, a TV screen showed a room with a plain white wall and black shiny table. Anyone walking in cold might have assumed that Abu Zubaydah, with the appearance of a doctor or lawyer, was chairing the meeting. To his left sat an interpreter, dressed casually in shirtsleeves, and to his right were two personal representatives in military uniform with papers before them. A counsel was unable to attend due to a family medical emergency.”

Smith also noted that he “sat impassive, expressionless and silent throughout, sometimes resting his head on his hand or putting a finger to his mouth or chin, and studying his detainee profile intently as it was read aloud by an unseen woman.” Read the rest of this entry »

Video: Andy Worthington’s Band The Four Fathers Play “81 Million Dollars” About the US Torture Program, Calling for Bush, Cheney and Others to be Held Accountable

Richard Clare and Andy Worthington of The Four Fathers play '81 Million Dollars', Andy's song about the US torture program, in a screenshot from a video.To coincide with some renewed activity in connection with the Bush administration’s torture program — namely, the ACLU suing James Mitchell and Bruce Jessen, the former military psychologists who set up the program — I’m taking the opportunity to make available a video of my song ‘81 Million Dollars‘ about the torture program, and about Mitchell and Jessen.

$81m is the amount Mitchell and Jessen were paid for taking their experience as psychologists involved in the US military’s SERE (Survival, Evasion, Resistance, Escape) program — which involved subjecting US personnel to torture to prepare them if they were seized by a hostile enemy — and reverse-engineering it for use in real-life situations, something for which they were abjectly unqualified.

The result, as the executive summary of the Senate Intelligence Committee’s CIA torture report made clear last December, was unspeakably brutal and pointless, producing no information that could not have been produced without the use of torture. It also involved the CIA lying about its actions.

See below for the video, of myself and Richard Clare of my band The Four Fathers, playing the song last month while my friend Todd Pierce (the former military defense attorney who represented Guantánamo prisoners in their military commission trials) was staying with me. Please note also that the version by the full band is available here on Bandcamp, where those interested can buy it for just 60p ($0.93), or as part of the whole of our album ‘Love and War’ — as a download or on CD. Read the rest of this entry »

Video: Culture of Impunity Part Two – Andy Worthington on Bush’s War Crimes, Bradley Manning and Guantánamo

Six weeks ago, on June 26, the International Day in Support of Victims of Torture, initiated by the United Nations in 1997, on the 10th anniversary of the the day that the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment came into force, I posted the first half of a newly released documentary film, “Culture of Impunity,” for which I was interviewed along with the law professor and author Marjorie Cohn, the professor, author and filmmaker Saul Landau, the author and activist David Swanson, Laura Pitter of Human Rights Watch and Stephen Rohde of the ACLU.

The documentary, which looks at the many ways in which the most senior figures in the Bush administration — including George W. Bush, Dick Cheney and Donald Rumsfeld — have escaped accountability for the crimes committed in the “war on terror” declared after the 9/11 attacks, was produced by Alternate Focus, which describes itself as “working for peace and justice by offering the American public media which shows another side of Middle Eastern issues,” and I was interviewed for it in April.

The producer, John Odam, has just sent me a link to the second part of this powerful documentary, on YouTube, which I’ve made available below, along with the first part. It features all of the experts interviewed in the first half, as well as Stephen Zunes, a Professor of Politics and International Studies at the University of San Francisco. Read the rest of this entry »

Video: Culture of Impunity – New Online Film Includes Andy Worthington Talking About Guantánamo, Torture and Ibn Al-Shaykh Al-Libi

As today is the International Day in Support of Victims of Torture, initiated by the United Nations in 1997, on the 10th anniversary of the the day that the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment came into force, I’d like to take this opportunity to promote a newly released half-hour documentary film, “Culture of Impunity,” for which I was interviewed along with the law professor and author Marjorie Cohn, the professor, author and filmmaker Saul Landau, the author and activist David Swanson, Laura Pitter of Human Rights Watch, and Stephen Rohde of the ACLU.

The film, the first of a two-part documentary (with the second part to follow later in the year) was produced by Alternate Focus, which describes itself as “working for peace and justice by offering the American public media which shows another side of Middle Eastern issues,” and I was interviewed for it in April.

Dealing with the illegal invasion of Iraq, the establishment of Guantánamo, “extraordinary rendition,” CIA “black sites,” America’s secret torture program, and the guilt of those responsible for initiating the war, the arbitrary detention and the torture — including George W. Bush, Dick Cheney, Donald Rumsfeld and Condoleezza Rice  — the film also covers the case of Ibn al-Shaykh al-Libi, who I spoke about. Read the rest of this entry »

“It is Indisputable that the United States Engaged in Torture”: So When Do the Prosecutions Begin?

“It is indisputable that the United States engaged in the practise of torture.” These powerful words are from “The Report of the Constitution Project’s Task Force on Detainee Treatment,” a 600-page report involving a detailed analysis of the treatment of prisoners following the terrorist attacks of September 11, 2001. The project took two years to complete, and its conclusions are difficult to dismiss, as the eleven-member panel constitutes a cross-section of the US establishment.

The co-chairs are Asa Hutchinson, who, as the Atlantic described it, “served in the Bush Administration as a Department of Homeland Security undersecretary from 2003 to 2005, and as the administrator of the Drug Enforcement Administration before that,” and James R. Jones, “a former US ambassador to Mexico and a Democratic member of the House of Representatives for seven terms.”

Other members of the panel include “Talbot D’Alemberte, a former president of the American Bar Association; legal scholar Richard Epstein; David Gushee, a professor of Christian ethics; David Irvine, a former Republican state legislator and retired brigadier general; Claudia Kennedy, ‘the first woman to receive the rank of three-star general in the United States army’; naval veteran and career diplomat Thomas Pickering; [and] William Sessions, director of the FBI in three presidential administrations.”

The project was undertaken because, as the Task Force explained, “the Obama administration declined, as a matter of policy, to undertake or commission an official study of what happened, saying it was unproductive to ‘look backwards’ rather than forward.” Read the rest of this entry »

The Long Pursuit of Accountability for the Bush Administration’s Torture Program

In June 2004, in the wake of the Abu Ghraib scandal, a notorious memo from August 2002 was leaked. It was written by John Yoo, a lawyer in the Justice Department’s Office of Legal Counsel and it claimed to redefine torture and to authorize its use on prisoners seized in the “war on terror.” I had no idea at the time that its influence would prove to be so long-lasting.

Ten years and four months since it was first issued, this memo — one of two issued on the same day, which will forever be known as the “torture memos” — is still protecting the senior Bush administration officials who commissioned it (as well as Yoo, and his boss, Jay S. Bybee, who signed it).

Those officials include George W. Bush, former Vice President Dick Cheney and their senior lawyers, Alberto Gonzales and David Addington. None of these men should be immune from prosecution, because torture is illegal under US domestic law, and is prohibited under the terms of the UN Convention Against Torture, which the US, under Ronald Reagan, signed in 1988 and ratified in 1994. As Article 2.2 states, unequivocally, “No exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability or any other public emergency, may be invoked as a justification of torture.” Read the rest of this entry »

In US Election, No Time for Guantánamo, But Torture Rears Its Ugly Head

Last week we were reminded, via the Miami Herald, of how Guantánamo is not on the agenda for the forthcoming Presidential election. In 2008, President Obama was preparing to order the prison’s closure, but his executive order in January 2009, promising to close it within a year, failed to lead to the prison’s closure, and this time around the Democrats’ official message is more nuanced. “We are substantially reducing the population at Guantánamo Bay without adding to it,” their official literature proclaims, adding, “And we remain committed to working with all branches of government to close the prison altogether because it is inconsistent with our national security interests and our values.”

Mitt Romney has also not spoken about Guantánamo on the campaign trail, although in 2007, while he was unsuccessfully seeking the Republican nomination, he said, during a debate on Fox News, that “we ought to double Guantánamo.”

Sadly, although Guantánamo has dropped off the radar, despite being a permanent  source of shame for all Americans who respect the rule of law, torture, it seems, is back as a topic of discussion. Read the rest of this entry »

Ten Years of Torture: Marking the 10th Anniversary of John Yoo’s “Torture Memos”

Exactly ten years ago, on August 1, 2002, Jay S. Bybee, who, at the time, was the Assistant Attorney General in the Justice Department’s Office of Legal Counsel, signed two memos (see here and here) that will forever be known as the “torture memos.” Also known as the Bybee memos, because of Bybee’s signature on them, they were in fact mainly written by John Yoo, a law professor at UC Berkeley, who worked as a lawyer in the OLC from 2001 to 2003.

Although the OLC is supposed to provide impartial legal advice to the executive branch, Yoo was not interested in being impartial. As one of six lawyers close to Vice President Dick Cheney — along with David Addington, Cheney’s Legal Counsel, White House Counsel Alberto Gonzales, White House Deputy Counsel Tim Flanigan, William J. Haynes II, the Pentagon’s General Counsel, and his deputy, Daniel Dell’Orto — he played a significant role in formulating the notion that, in the Bush administration’s “war on terror,” prisoners could be held as “enemy combatants” without the traditional protections of the Geneva Conventions; in other words, without any rights whatsoever.

This position was confirmed in an executive order issued by President Bush on February 7, 2002, and was not officially challenged until the Supreme Court reminded the government, in Hamdan v. Rumsfeld in June 2006, that Common Article 3 of the Geneva Conventions, which prohibits torture and “outrages upon personal dignity, in particular humiliating and degrading treatment,” applies to all prisoners seized in wartime. Read the rest of this entry »

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Andy Worthington

Investigative journalist, author, campaigner, commentator and public speaker. Recognized as an authority on Guantánamo and the “war on terror.” Co-founder, Close Guantánamo, co-director, We Stand With Shaker. Also, singer and songwriter (The Four Fathers) and photographer.
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