CIA Torture and other War Crimes By Philip Giraldi

Dandelion Salad

By Philip Giraldi
12/26/07 “Yahoo

Personal accountability has all but disappeared from the American political system. Bill Clinton lied to his entire cabinet about Monica Lewinsky and not a single cabinet member resigned in protest after he was forced to recant. When Alberto Gonzales lied repeatedly during testimony before Congress everyone knew exactly what he was doing but no leading Democrat was willing to impeach him. The hopelessly incompetent Michael Brown was able to resign from FEMA without sanction to “avoid further distraction from the ongoing mission” and later even blamed everyone else for his shortcomings. Condoleezza Rice, Paul Wolfowitz, Tommy Franks, George Tenet, and Paul Bremer were all rewarded for their incompetence, some with medals and some with promotions. Recent resignations from the Bush administration stemming from the massive policy failures of the past seven years have frequently been couched in terms of “wanting to spend more time with my family” though sometimes a bit of candor creeps in a la Trent Lott, who believes it is time to step down and follow the money as a lobbyist. Public Diplomacy Tsarina Karen Hughes arguably plans to do both, returning to Texas to rejoin her family while also cashing in through lucrative speaking engagements. During her two and a half years of Texas-style soccer mom diplomacy at State Department and in spite of a large budget, Hughes only succeeded in increasing the number of foreigners who actively dislike the United States. Never is a resignation from government service framed in terms of “Hey, I screwed up.”

The embrace of illegal detentions and torture are among the truly horrific decisions that can be attributed to the Bush White House. It is ironic to read the media accounts surrounding the recent discovery by shocked U.S. Marines of an alleged al-Qaeda torture center in Iraq’s Diyala province because the Marines work for a government that itself publicly embraces torture as an interrogation technique. And it is not just the White House. Torture is bipartisan. The recent House of Representatives intelligence appropriations bill included a clause that requires CIA to abide by the Geneva Conventions in its interrogation and detention policies. One hundred and ninety-nine Congressmen from both parties voted “no.” Even if some of the Congressmen voted against the bill for other reasons, there is a strong sense that many politicians consider torture to be perfectly okay. Rudy Giuliani, Mitt Romney, and Fred Thompson have all jumped on that bandwagon, endorsing “enhanced interrogation” as a counter-terrorism tool. Mitt Romney, who might bolster his claims to be a Christian by occasionally perusing the compassionate message of the Sermon on the Mount instead of the Book of Mormon, even wants to make Guantanamo prison bigger. Giuliani appears to want to jail and torture lots of people all the time, but he is, admittedly, a pagan.

If senior managers at the Central Intelligence Agency actually worried about committing war crimes more than they cared about getting revenge on ragheads and advancing their careers, they wouldn’t have tortured anyone in the first place back in 2002. Shortly after 9/11, the redoubtable armchair warrior Vice President Dick Cheney, who famously had other priorities and avoided military service by virtue of five deferments during Vietnam, announced that the “gloves are off” in reference to America’s enemies. Those comments set the tone and ushered in the exciting days of “anything goes” when Cofer Black, chief of the Agency’s Counter Terrorism Center, sent out his myrmidons with orders to come back with Usama bin Laden’s head in a box. Somehow, that head turned out to be Saddam Hussein’s.

Ethically, torture degrades the country that permits it, the organization that carries it out and the individuals who perform it. Doctors are not present during torture as it would violate the Hippocratic Oath, so it is up to the torturer to decide how far to go. If a victim dies while being interrogated by torture, as has happened a number of times in both Afghanistan and Iraq, it is both a war crime and murder.

Most intelligence and law enforcement officers reject torture as an interrogation tool, knowing that it more often than not produces false information. The FBI claims that the CIA waterboarding of terrorist suspect Abu Zubaydah was unnecessary, that he was already cooperating. Waterboarding, which was used extensively both by the Gestapo and by the Spanish Inquisition, is a particularly heinous form of torture as it simulates death. With U.S. troops deployed all over the world at the present time, sanctioning torture lowers the bar for terrorists who might happen to capture an American soldier or diplomat to do likewise. Even in 2002 someone with a bit of foresight might have anticipated the possible consequences arising from the CIA’s use of torture and its more general bull in the china shop approach. Someone with a bit of backbone and an intact moral compass might even have even resigned in protest, but, alas, there were few of those types around.

What has made CIA’s so-called leaders really nervous in the current political environment is not the ethical or moral issue of torture per se. It is the thought of getting sued by the victims and victim advocacy groups, which means hiring expensive lawyers. Donald Rumsfeld’s flight from Paris in late November to avoid war crimes charges also raises the possibility that an otherwise pleasant trip to Provence or Tuscany might have to be curtailed if some Euro-version of a pasty-face peace creep tries to file a lawsuit. Fortunately for all the torturers at CIA, there is now a government reimbursed private insurance program designed to cover contingencies. When former Chief of Clandestine Operations Jose Rodriguez was subpoenaed to appear before a Congressional committee last week, he was able to afford representation by the redoubtable Robert Bennett.

The latest CIA scandal began in 2002 when at least two terrorist suspects were videotaped while they were being subjected to the waterboarding version of “enhanced interrogation.” The questioning took place somewhere in Asia, possibly in a Pakistani or Thai prison but more likely at either Bagram Airbase in Afghanistan or at Diego Garcia Island, in the Indian Ocean, where the CIA maintains “off-sites.” In May 2003, CIA told Federal Judge Leonie Brinkema that there were no recordings or other records of the interrogations. That was a lie. In 2003 and 2004, the Congressional 9/11 Commission made “repeated and detailed inquiries relating to interrogations.” The CIA said there was no additional material, another lie. In June 2005, Director of Operations Jose Rodriguez ordered the tapes destroyed. The order came, perhaps not coincidentally, just as the Italian authorities were entering into the investigative phase of a major inquiry into CIA renditions in Italy.

CIA now claims that the tapes were destroyed to protect the identity of the agency interrogators involved. That argument is complete nonsense. Unless the cameraman was suffering from delirium tremens and shaking uncontrollably, the camera would have been focused on the victim of the torture, not on those administering it. In any event, terrorists would hardly be able to identify and gain access to an otherwise unremarkable and nameless CIA employee from what they might see on a tape, even if they could get hold of a copy.

The real reason for the cover-up on the tapes is because torture is universally acknowledged to be a war crime and everyone in the CIA and White House hierarchy knows that to be true. The denial that the tapes existed in 2003 and 2004 could not have taken place without the concurrence of Director George Tenet, Deputy Director John McLaughlin, and General Counsel Scott Muller. Probably then-Director of Operations James Pavitt would have also been involved. When Rodriguez destroyed the tapes in 2005, he was not acting alone. Director Porter Goss almost certainly would have been part of the decision making process as well as acting General Counsel John Rizzo and it is tempting to speculate that White House aides like Dick Cheney’s David Addington and President Bush’s Harriet Miers might also have been in the loop.

Looking for war crimes committed by members of the Bush administration is a complicated exercise because there are so many to go around. Abu Ghraib and Guantanamo come immediately to mind. The Nuremburg Tribunals at the end of the Second World War defined an aggressive war against another country if that country has not attacked you first or threatened to do so as “essentially an evil thing…to initiate a war of aggression…is not only an international crime; it is the supreme international crime differing only from other war crimes in that it contains within itself the accumulated evil of the whole.” A number of leading Nazis were executed for their unprovoked attack on Poland. The Bush administration has its own Poland in Iraq, and if there is an American attack on Iran it would also fit the Nuremberg definition. Unlike at Nuremberg, however, no one will be held accountable.

FAIR USE NOTICE: This blog may contain copyrighted material. Such material is made available for educational purposes, to advance understanding of human rights, democracy, scientific, moral, ethical, and social justice issues, etc. This constitutes a ‘fair use’ of any such copyrighted material as provided for in Title 17 U.S.C. section 107 of the US Copyright Law. In accordance with Title 17 U.S.C. Section 107, the material on this site is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes. If you wish to use copyrighted material from this site for purposes of your own that go beyond ‘fair use’, you must obtain permission from the copyright owner.

7 thoughts on “CIA Torture and other War Crimes By Philip Giraldi

  1. Pingback: Countdown: Bush Admin Office of legal Counsel memos + Bush Lawyers Approved Constitution-Free Domestic Military Ops, Docs Show « Dandelion Salad

  2. Pingback: A possible Guantanamo on UK soil + More probes into Diego Garcia ‘rendition’ (videos) « Dandelion Salad

  3. I bet Bush is saying the same thing … ‘Prosecution with the Patriot Act … ha ha …’

    Who’s da fewl?

  4. Pingback: The Torture Tape Cover-up: How High Does It Go? by Prof. Marjorie Cohn « Dandelion Salad

  5. The destruction of evidence in an investigation by the US government of high level suspects, albeit critical evidence, is a FELONY VIOLATION of the USA Patriot Act.

    The USA Patriot Act is a broad, far-reaching, flexible and incredibly powerful law in the hands of those that have READ the law.

    If you have READ the USA Patriot Act then you will find provisions for criminal prosecutions at the FELONY level for the destruction of evidence in terrorist investigations.

    Providing Appropriate Tools Required to Intercept and Obstruct Terrorism

    That’s what the ACRONYM Patriot Act stands for.

    The DESTRUCTION of tools, the destruction of the CIA tapes, is a FELONY under the USA Patriot Act.

    Ignorance of the USA Patriot Act is the single greatest threat to freedom in the United States of America.

    Prosecute with the Patriot Act for freedom !

  6. This was an intersting artical, and whille I agree with most of it, I wonder what is meant by “Euro-version of a pasty-faceded peace creep”,. and cetainly hope that more people, “pasty faced peace creeps” or not, from any country, since ou own country seems to have been overtaken in a coup by CIA liers and thugs, DO file lawsuits against the likes of Donald Rumseld, since all those supposedly ruddy red-blooded American
    apologists for the cruelty of torture who lack the courage to do so, prove that a bully is always a coward at heart.
    Perhaps this was just a literary device and I am splitting hairs about an otherwise good artical, but I
    really was astounded and confused by the use of that terminology. What is ‘ceepy’ about advocating for
    peaceful means of solving political conflict?
    It is torture as a means of gathering information
    that is both creepy and inneffective.
    It is my intention to defend this author and ask all
    peace activists who might feel targeted to refrain from countering in a pugilistic fashion, because who knows whose words those really are; if they are Phillips,or not, (this IS the internet, and many
    paece activists are having their communications actively screwed with), and in context, they could mean those people who are percieved as “peace crreeps ‘ by the likes of Rumsfeld.
    Overall, a good artical.

Comments are closed.