Jason Leopold | Consortiumnews.com, December 12, 2008
A bipartisan congressional report traces the U.S. abuse of detainees at Guantanamo Bay and Abu Ghraib to President George W. Bush’s Feb. 7, 2002, action memorandum that excluded “war on terror” suspects from Geneva Convention protections.
The Senate Armed Services Committee’s report said Bush’s memo opened the door to “considering aggressive techniques,” which were then developed with the complicity of then-Defense Secretary Donald Rumsfeld, Bush’s National Security Adviser Condoleezza Rice, and other senior officials.
Three months ago, Rice admitted that she led high-level discussions beginning in 2002 with other senior Bush administration officials about subjecting suspected al-Qaeda terrorists to the harsh interrogation technique known as waterboarding, according to documents released by Sen. Carl Levin, D-Michigan, committee chairman.
“The abuse of detainees in U.S. custody cannot simply be attributed to the actions of ‘a few bad apples’ acting on their own,” the committee report said. “The fact is that senior officials in the United States government solicited information on how to use aggressive techniques, redefined the law to create the appearance of their legality, and authorized their use against detainees.”
The Dec. 11 report also disputed the Bush administration’s rationale that the harsh interrogation methods were effective in extracting valuable intelligence and protecting the country from terrorist attacks.
Instead, the report said, “Those efforts damaged our ability to collect accurate intelligence that could save lives, strengthened the hand of our enemies, and compromised our moral authority.”
The findings, which were released by Sens. Levin and John McCain of Arizona, this year’s Republican presidential nominee, drew no dissent from the 12 Republicans on the 25-member committee.
The 19-page report is the final installment in the Armed Services Committee’s 18-month investigation, which generated 38,000 pages of documents and relied upon the testimony of 70 people.
The White House declined comment, but Keith Urbahn, an aide to Rumsfeld, told the Washington Post that the allegations were “unfounded” and called the committee report a “false narrative.”
The Narrative
The report’s narrative of the prisoner abuse begins in early 2002 when Rumsfeld’s Defense Department inquired about what limits should be placed on interrogations of terror suspects detained during the U.S. invasion of Afghanistan.
Those questions sparked an internal administration debate and led to Bush’s Feb. 7, 2002, memo stating that the Third Geneva Convention, which sets standards for treatment of prisoners from armed conflicts, “did not apply to the conflict with al-Qaeda and concluding that Taliban detainees were not entitled to prisoner of war status or the legal protections afforded by the Third Geneva Convention,” the report said.
“The President’s order closed off application of Common Article 3 of the Geneva Conventions, which would have afforded minimum standards for humane treatment, to al-Qaeda or Taliban detainees.
“While the President’s order stated that, as ‘a matter of policy, the United States Armed Forces shall continue to treat detainees humanely and, to the extent appropriate and consistent with military necessity, in a manner consistent with the principles of the Geneva Conventions,’ the decision to replace well established military doctrine, i.e., legal compliance with the Geneva Conventions, with a policy subject to interpretation, impacted the treatment of detainees in U.S. custody.”
What followed were senior-level meetings deciding which interrogation techniques could be used and which couldn’t.
“In the spring of 2002, CIA sought policy approval from the National Security Council (NSC) to begin an interrogation program for high-level al-Qaeda terrorists,” Rice said, according to the report. Rice is now Bush’s Secretary of State.
“Secretary Rice said that she asked Director of Central Intelligence George Tenet to brief NSC Principals on the program and asked the Attorney General John Ashcroft ‘personally to review and confirm the legal advice prepared by the Office of Legal Counsel.’ She also said that Rumsfeld participated in the NSC review of CIA’s program,” according to the report.
In July 2002, Rumsfeld and his legal counsel, William Haynes, solicited input from military psychologists about developing harsh methods that interrogators could use against detainees who were being held at the U.S. naval base at Guantanamo Bay, Cuba.
“Mr. Haynes was not the only senior official considering new interrogation techniques for use against detainees,” the report said. “Members of the President’s Cabinet and other senior officials attended meetings in the White House where specific interrogation techniques were discussed.”
John B. Bellinger, Rice’s legal adviser at the State Department, said they recalled participating in meetings with Ashcroft and Rumsfeld in July 2002 about an Army and Air Force survival training program called Survival, Evasion, Resistance and Escape (SERE), which was meant to prepare U.S. soldiers for abuse they might suffer if captured by an outlaw regime.
“SERE training techniques were designed to give our troops a taste of what they might be subjected to if captured by a ruthless, lawless enemy so that they would be better prepared to resist,” Levin said Thursday. “The techniques were never intended to be used against detainees in U.S. custody.”
Last April, President Bush told an ABC News reporter during an interview that he approved meetings of the NSC’s Principals Committee to discuss specific interrogation techniques the CIA could use against detainees. The Principals Committee included Vice President Dick Cheney, Secretary of State Colin Powell, CIA Director George Tenet and Attorney General Ashcroft as well as Rumsfeld and Rice.
Spreading Abuse
On Dec. 2, 2002, Rumsfeld authorized “aggressive interrogation techniques,” leading to “interrogation policies and plans approved by senior military and civilian officials [that] conveyed the message that physical pressures and degradation were appropriate treatment for detainees in U.S. military custody,” the committee report said.
“What followed was an erosion in standards dictating that detainees be treated humanely.”
After the U.S.-led invasion of Iraq in 2003 and amid the rising Iraqi insurgency against the American occupation in 2004, the harsh interrogation tactics, which had been used at Guantanamo, spread to the Abu Ghraib prison in Iraq.
Bush’s Feb. 7, 2002, memo prompted Lt. Gen. Ricardo S. Sanchez, who became the top commander in Iraq, to institute a “dozen interrogation methods beyond” the Army’s standard practice under the convention, according to a report by a panel headed by James Schlesinger on the Abu Ghraib prisoner abuses in 2004.
Sanchez said he based his decision on “the President’s Memorandum,” which he said had justified “additional, tougher measures” against detainees, the Schlesigner report said.
The abuse of Iraqi prisoners at Abu Ghraib exploded into an international scandal in 2004 when photos were leaked showing American prison guards parading detainees around naked and forcing them into mock sexual positions.
Bush, Rumsfeld and other senior administration officials expressed outrage over the Abu Ghraib photos and blamed the abuses on low-level soldiers acting on their own.
Eleven enlisted soldiers, who were guards at Abu Ghraib, subsequently were convicted in courts martial.
Cpl. Charles Graner Jr. received the harshest sentence – 10 years in prison – while Lynndie England, a 22-year-old single mother who was photographed holding an Iraqi on a leash and pointing at a detainee’s penis, was sentenced to three years in prison. Their superior officers either were cleared of wrongdoing or received mild reprimands.
The Bush administration’s handling of the Abu Ghraib scandal drew especially sharp criticism from the Armed Services Committee chairman.
“Attempts by senior officials to pass the buck to low-ranking soldiers while avoiding any responsibility for abuses are unconscionable,” Levin said. “The message from top officials was clear; it was acceptable to use degrading and abusive techniques against detainees.”
Regarding the prison abuse at Abu Ghraib, the committee’s report concluded that it “was not simply the result of a few soldiers acting on their own.” The report added: “Secretary of Defense Donald Rumsfeld’s authorization of aggressive interrogation techniques for use at Guantanamo Bay was a direct cause of detainee abuse there.”
Continued . . .
Ralph Nader: Letter to Bush on Gaza Crisis
January 2, 2009by Ralph Nader | CommonDreams, Jan 1, 2009
Dear George W. Bush,
Cong. Barney Frank said recently that Barack Obama’s declaration that “there is only one president at a time” over-estimated the number. He was referring to the economic crisis. But where are you on the Gaza crisis where the civilian population of Gaza, its civil servants and public facilities are being massacred and destroyed respectively by U.S built F-16s and U.S. built helicopter gunships.
The deliberate suspension of your power to stop this terrorizing of 1.5 million people, mostly refugees, blockaded for months by air, sea and land in their tiny slice of land, is in cowardly contrast to the position taken by President Dwight Eisenhower in 1956. That year he single handedly stopped the British, French and Israeli aircraft attack against Egypt during the Suez Canal dispute.
Fatalities in Gaza are already over 400 and injuries close to 2000 so far as is known. Total Palestinian civilian casualties are 400 times greater then the casualties incurred by Israelis. But why should anyone be surprised at your blanket support for Israel’s attack given what you have done to a far greater number of civilians in Iraq and now in Afghanistan?
Confirmed visual reports show that Israeli warplanes and warships have destroyed or severely damaged police stations, homes, hospitals, pharmacies, mosques, fishing boats, and a range of public facilities providing electricity and other necessities.
Why should this trouble you at all? It violates international law, including the Geneva Conventions and the UN Charter. You too have repeatedly violated international law and committed serious constitutional transgressions.
Then there is the matter of the Israeli government blocking imports of critical medicines, equipment such as dialysis machines, fuel, food, water, spare parts and electricity at varying intensities for almost two years. The depleted UN aid mission there has called this illegal blockade a humanitarian crisis especially devastating to children, the aged and the infirm. Chronic malnutrition among children is rising rapidly. UN rations support eighty percent of this impoverished population.
How do these incontrovertible facts affect you? Do you have any empathy or what you have called Christian charity?
What would a vastly shrunken Texas turned in an encircled Gulag do up against the 4th most powerful military in the world? Would these embattled Texans be spending their time chopping wood?
Gideon Levy, the veteran Israeli columnist for Ha’aretz, called the Israeli attack a “brutal and violent operation” far beyond what was needed for protecting the people in its south. He added: “The diplomatic efforts were just in the beginning, and I believe we could have got to a new truce without this bloodshed…..to send dozens of jets to bomb a total helpless civilian society with hundreds of bombs-just today, they were burying five sisters. I mean, this is unheard of. This cannot go on like this. And this has nothing to do with self-defense or with retaliation even. It went out of proportion, exactly like two-and-a-half years ago in Lebanon.”
Apparently, thousands of Israelis, including some army reservists, who have demonstrated against this destruction of Gaza agree with Mr. Levy. However, their courageous stands have not reached the mass media in the U.S. whose own reporters cannot even get into Gaza due to Israeli prohibitions on the international press.
Your spokespeople are making much ado about the breaking of the six month truce. Who is the occupier? Who is the most powerful military force? Who controls and blocks the necessities of life? Who has sent raiding missions across the border most often? Who has sent artillery shells and missiles at close range into populated areas? Who has refused the repeated comprehensive peace offerings of the Arab countries issued in 2002 if Israel would agree to return to the 1967 borders and agree to the creation of a small independent Palestinian state possessing just twenty two percent of the original Palestine?
The “wildly inaccurate rockets”, as reporters describe them, coming from Hamas and other groups cannot compare with the modern precision armaments and human damage generated from the Israeli side.
There are no rockets coming from the West Bank into Israel. Yet the Israeli government is still sending raiders into that essentially occupied territory, still further entrenching its colonial outposts, still taking water and land and increasing the checkpoints This is going on despite a most amenable West Bank leader, Mahmoud Abbas, whom you have met with at the White House and praised repeatedly. Is it all vague words and no real initiatives with you and your emissary Condoleezza Rice?
Peace was possible, but you provided no leadership, preferring instead to comply with all wishes and demands by the Israeli government-even resupplying it with the still active cluster bombs in south Lebanon during the invasion of that country in 2006.
The arguments about who started the latest hostilities go on and on with Israel always blaming the Palestinians to justify all kinds of violence and harsh treatment against innocent civilians.
From the Palestinian standpoint, you would do well to remember the origins of this conflict which was the dispossession of their lands. To afford you some empathy, recall the oft-quoted comment by the founder of Israel, David Ben-Gurion, who told the Zionist leader, Nahum Goldmann:
“There has been anti-Semitism the Nazis Hitler Auschwitz but was that their [the Palestinians] fault? They only see one thing: We have come here and stolen their country. Why should they accept that?”
Alfred North Whitehead once said: “Duty arises out of the power to alter the course of events.” By that standard, you have shirked mightily your duty over the past eight years to bring peace to both Palestinians and Israelis and more security to a good part of the world.
The least you can do in your remaining days at the White House is adopt a modest profile in courage, and vigorously demand and secure a ceasefire and a solidly based truce. Then your successor, President-elect Obama can inherit something more than the usual self-censoring Washington puppet show that eschews a proper focus on the national interests of the United States.
Sincerely,
Ralph Nader
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