As we approach the 16th anniversary of the terrorist attacks of September 11, 2001, those of us who care about justice, the rule of law and a sense of proportion will also be attempting to remind the world that we’re just four months away from another 16th anniversary, directly released to 9/11 — the opening of the prison at Guantánamo Bay, which took place on January 11, 2002.
Ostensibly a prison for “the worst of the worst,” seized in the “war on terror” that the Bush administration declared in the wake of the 9/11 attacks, Guantánamo has, instead, become, to those who care, a symbol of everything that is wrong with the US response to 9/11 — a place where men seized through dubious intelligence, or bought for bounty payments from America’s allies in Pakistan and Afghanistan, were tortured or abused to make false statements incriminating themselves or their fellow prisoners, and are held, mostly without charge or trial, in defiance of domestic and international laws and treaties establishing how prisoners can only be held if they are criminal suspects facing trials, or prisoners of war protected by the Geneva Conventions,
The Guantánamo prisoners are neither, and are, still, men held essentially without any rights, although unfortunately most people — or most Americans, in particular — neither know nor care, and 15 years and eight months after the prison opened, the 41 men still held are at the mercy of the third president in charge of their fate — Donald Trump, who, rather than accepting that Guantánamo is an aberration that must be closed (as George W. Bush eventually realized, and Barack Obama knew all along, despite lacking the political will to deliver on his promise to close it), intends to officially keep it open, and, if he can manage it, to send new prisoners there — a plan that anyone rational abhors, although, unfortunately, rational thought is currently quite severely endangered, especially, it seems, in the Republican Party. Read the rest of this entry »
Great news from Washington State, as Judge Justin Quackenbush, a federal court judge, has ruled that a “civil lawsuit brought by three victims of the CIA’s torture program against the two psychologists who created it will go to court on 5 September” after finding that “more than a year of discovery had yielded sufficient evidence to support the plaintiffs’ claims,” as Larry Siems, the editor of Mohamedou Ould Shahi’s acclaimed prison memoir, Guantánamo Diary, explained in an article for the Guardian.
The decision was expected, as Judge Quackenbush had allowed the case to proceed last April, a highly important decision that I wrote about at the time in an article entitled, In Historic Ruling, US Court Allows Lawsuit Against James Mitchell and Bruce Jessen, Architects of CIA Torture Program, to Proceed. I also wrote a follow-up article in June this year, In Ongoing Court Case, Spotlight On James Mitchell and Bruce Jessen, Architects of the Brutal, Pointless CIA Torture Program, after the New York Times obtained videos of the depositions made by Mitchell and Jessen, in which the two men attempted to defend their positions (the Times also obtained the depositions of two former CIA officials and of the plaintiffs, as well as newly declassified CIA documents).
As Larry Siems explained following this week’s ruling, “It will now be up to a jury in Spokane, Washington, to decide if the psychologists, who reportedly were paid $75m-$81m under their contract with the CIA to create the so-called enhanced interrogation program, are financially liable for the physical and psychological effects of their torture.” Read the rest of this entry »
Remember back in December, when the executive summary of the Senate Intelligence Committee’s report about the CIA’s post-9/11 torture program was published, with its devastating revelations that the use of torture “was not an effective means of acquiring intelligence or gaining cooperation from detainees,” that the CIA’s justification for its use of torture techniques “rested on inaccurate claims of their effectiveness,” that its interrogations “were brutal and far worse than the CIA represented to policymakers and others”? (See my articles here and here).
We all do, of course, and to anyone who has not been fooled by the black propaganda of the torture apologists, it is depressing — if not unpredictable — that, in response, a book has just been published, entitled, Rebuttal: The CIA Responds to the Senate Intelligence Committee’s Study of Its Detention and Interrogation Program, published by the US Naval Institute Press, which attempts to claim that the Senate report is biased.
The book contains contributions from, amongst others, former CIA Directors George Tenet, Porter Goss and Michael Hayden, former chief legal officer John Rizzo and Jose Rodriguez, the former Chief of CIA’s Counterterrorism Center — all of whom have good reasons to hope that a conjuring trick like this will prevent them from being regarded as they should be, as war criminals evading justice, along with other senior Bush administration officials, up to and including George W. Bush, Dick Cheney and Donald Rumsfeld and others, and a number of senior lawyers and advisers. Read the rest of this entry »
Law-abiding US citizens have been appalled that Jose Rodriguez, the director of the CIA’s National Clandestine Service until his retirement in 2007, was invited onto CBS’s “60 Minutes” program last weekend to promote his book Hard Measures: How Aggressive CIA Actions After 9/11 Saved American Lives, in which he defends the use of torture on “high-value detainees” captured in the Bush administration’s “war on terror,” even though that was — and is — illegal under US and international law.
Rodriguez joins an elite club of war criminals — including George W. Bush, Dick Cheney and Donald Rumsfeld — who, instead of being prosecuted for using torture, or authorizing its use, have, instead, been allowed to write books, go on book tours and appear on mainstream TV to attempt to justify their unjustifiable actions.
All claim to be protected by the “golden shield” offered by their inside man, John Yoo, part of a group of lawyers who aggressively pushed the lawlessness of the “war on terror.” Abusing his position as a lawyer in the Justice Department’s Office of Legal Counsel, whose mandate is to provide impartial legal advice to the executive branch, Yoo instead attempted to redefine torture and approved its use — including the use of waterboarding, an ancient torture technique and a form of controlled drowning — on an alleged “high-value detainee,” Abu Zubaydah, in two memos, dated August 1, 2002, that will forever be known as the “torture memos.” Read the rest of this entry »
On Thursday, the New York Times, having played a major part in creating a buzz in the United States about the role that torture and the existence of Guantánamo played in locating Osama bin Laden, with an article on Tuesday entitled, “Bin Laden Raid Revives Debate on Value of Torture,” resolutely stepped back from the result of suggesting that there were even grounds for a “debate” — given that the use of torture is illegal (as well as morally corrosive and unreliable) — by publishing an excellent editorial decisively condemning the “immoral and illegal behavior” of torture apologists after 9/11, including Berkeley law professor John Yoo, who, as a lawyer in the Justice Department’s Office of Legal Counsel in 2002, “twisted the Constitution and the Geneva Conventions into an unrecognizable mess to excuse torture” in what will forever be known as the “torture memos.”
The Times also recognized torture as “immoral and illegal and counterproductive,” and stated that, although torture may produce some useful information — amongst all the lies that, for example, plague the military assessments of Guantánamo prisoners that were recently released by WikiLeaks — “most experienced interrogators think that the same information, or better, can be obtained through legal and humane means.”
I would prefer that the last line had read “experienced interrogators have absolutely no doubt that the same information, or better, can be obtained through legal and humane means,” and I would also have preferred the Times‘ editors not to have claimed that the use of torture has led to America’s “inability to hold credible trials for very bad men” — presumably a reference to Khalid Sheikh Mohammed and his alleged co-conspirators in the preparation and execution of the 9/11 attacks — when the truth is that Attorney General Eric Holder was convinced that a federal court trial could proceed, but was prevented from doing so for nakedly political reasons. Read the rest of this entry »
Investigative journalist, author, campaigner, commentator and public speaker. Recognized as an authority on Guantánamo and the “war on terror.” Co-founder, Close Guantánamo and We Stand With Shaker, singer/songwriter (The Four Fathers).
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