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.”
Peace and Justice Post 
The Torture Presidency
December 15, 2008By Scott Horton | Harper’s Magazine, Dec 13, 2008
President George W. Bush has launched “Operation Legacy,” which he placed in the hands of his ultimate advisor, indeed his “brain,” Karl Rove. Remember Rove? He’s the man who refused to testify under oath when summoned by Congress to do so and was recently identified in a Congressional report as the plotter behind the U.S. Attorneys scandal, among other trainwrecks. The Rove effort features a 2-page set of talking points which have been circulated to members of the administration’s team highlighting the supposedly major Bush accomplishments which have begun to fill the American media. They start with the contention that “Bush kept us safe” by preventing any further attack on American soil after 9/11. Really?
Let’s just take a look at some of that “deranged” criticism. Indeed, let’s start with the criticism from the man tapped by Bush’s fellow Republicans to succeed him, John McCain. This week the Senate Armed Services Committee issued a powerful report, released jointly by chair Carl Levin and ranking member John McCain, that received the unanimous support of its Democratic and Republican members. The report concluded that Donald Rumsfeld and other high-level officials of the administration consciously adopted a policy for the torture and abuse of prisoners held in the war on terror. It also found that they attempted to cover up their conduct by waging a P.R. campaign to put the blame on a group of young soldiers they called “rotten apples.” Lawyers figure prominently among the miscreants identified. Evidently the torture policy’s authors then enlisted ethics-challenged lawyers to craft memoranda designed to give torture “the appearance of legality” as part of a scheme to create the torture program despite internal opposition. A declassified summary of the report can be read here; the full report is filled with classified information and therefore has been submitted to the Department of Defense with a request that the materials be declassified for release. (Don’t expect that to happen before January 20, however).
This report sums up all you need to know about George W. Bush’s eight years of leadership. Karl Rove stresses that Bush has been a perfect moral example for young people in the country. The report tells us that when photos and other evidence of abuse first surfaced, the Bush Administration firmly denied any connection between their policies and the abuse, then attempted to scapegoat a group of more than a dozen young recruits (but not, of course, any of their supervising officers, who knew the details of the administration’s involvement and would have made things messy if disciplined). The report puts these actions in an unforgiving light:
But of course, Bush only turned to torture to keep America safe, right? Wrong. With the unanimous support of its 12 Republican members, the Committee concludes:
The report has some more bombshells in it waiting to emerge on declassification. It studies with some care the introduction of specific torture techniques, showing how they were reverse engineered from the SERE program—used to prepare American pilots to resist interrogation techniques used by the Soviets, North Koreans, Chinese and North Vietnamese. By “reverse engineering,” we mean it was adopting the techniques used by the nation’s Communist adversaries in prior generations. We have met the enemy, and he looks remarkably like George W. Bush.
And deep in its classified hold, the report looks into the use of psychotropic drugs which were, with Donald Rumsfeld’s approval, routinely administered to prisoners in order to facilitate their interrogation—in violation of international agreements and American criminal law.
The report, even in its still-classified form, does not tell the whole story of what happened. It does not address the program administered by the CIA. And even with respect to the Department of Defense, the Committee and its investigators were effectively stonewalled by the United States Special Operations Command and its overlords in the Pentagon who failed to provide information about special rules of engagement introduced with the authority of Undersecretary of Defense Stephen Cambone that authorized the torture and mistreatment of prisoners held for intelligence interrogation in operations dating back to the earliest weeks of the “war on terror.”
The Levin-McCain Report, when fully declassified and circulated, will tell Americans a good deal about our history. It will help define what will become known as the “torture presidency” of George W. Bush. But it is also a remarkably incomplete document, testimony to the Bush Administration’s conscious policy of obfuscation, misdirection and deceit—its mockery of Congressional oversight, and its corruption of our Constitution and system of government. It gives us a clear lesson. As John McCain stated: “This must never be repeated. Never.”
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Tags:Bush administration, Donald Rumsfeld, Karl Rove, Levin-McCain Report, NATO and United States forces, Operation Legacy, Senate Armed Services Committee's report, U.S. abuse of detainees, violation of international agreements
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