Like countless others, I have been railing about the Bush-era CIA torture regime here for over a decade now. So this isn’t a breaking story. Still, the recent Senate Report — which the “most transparent administration in history” fought tooth and nail to bury — ably covers all we’ve known to date, and includes a number of horrifying new revelations.
For example, so it turns out that we — you and I — paid foreign governments $300 million to construct and maintain our dungeons.
Another detainee froze to death during his Room 101 session.
And on top of everything else, Americans approve of all of this by 2-1.
So, what is there to say? The illegality here is black and white, the crimes abhorrent, the moral corruption pervasive…and yet we all just collectively shrug. The sad and hilarious thing about The Onion‘s recent minotaur video — “That hungry half-man, half-bull kept us safe from the terrorists!” — is this is basically the world we live in now.
Makes me sick, m*therf*cker, how far we done fell.
(1) “The court found Poland violated its obligations under the European Convention on Human Rights to prevent torture, ensure the right to liberty, and properly investigate allegations a crime had been committed on its territory.”
The European Court of Human Rights finds that Poland harbored one of the CIA’s infamous black sites — perhaps this is one of the old Soviet compounds? “[S]imilar cases have been lodged with the court in Strasbourg against Romania and Lithuania.”
(2) “The five Americans whose email accounts were monitored by the NSA and FBI have all led highly public, outwardly exemplary lives. All five vehemently deny any involvement in terrorism or espionage, and none advocates violent jihad or is known to have been implicated in any crime, despite years of intense scrutiny by the government and the press.”
Paging J. Edgar: The Intercept’s Glenn Greenwald and Murtaza Hussain, with help from Edward Snowden, uncover NSA and FBI surveillance of prominent, upstanding Muslim-Americans. “In one 2005 document, intelligence community personnel are instructed how to properly format internal memos to justify FISA surveillance. In the place where the target’s real name would go, the memo offers a fake name as a placeholder: ‘Mohammed Raghead.'”
(3) “Emblazoned with the crests of 19 agencies, it offers the most complete and revealing look into the secret history of the government’s terror list policies to date. It reveals a confounding and convoluted system filled with exceptions to its own rules, and it relies on the elastic concept of ‘reasonable suspicion’ as a standard for determining whether someone is a possible threat…individuals can be watchlisted if they are suspected of being a suspected terrorist, or if they are suspected of associating with people who are suspected of terrorism activity.”
Also in The Intercept, Jeremy Scahill and Ryan Devereaux explain the absurdly broad net that is the terrorist watchlist. “There are a number of loopholes for putting people onto the watchlists even if reasonable suspicion cannot be met.”
(4) “Nearly all of the highest-profile domestic terrorism plots in the United States since 9/11 featured the ‘direct involvement’ of government agents or informants, a new report says…rais[ing] questions about the US criminal justice system’s ability to respect civil rights and due process in post-9/11 terrorism cases.”
And in The Guardian, Spencer Ackerman expounds on the FBI’s apparent excessive leaning on entrapment to conjure up terror cases. “‘In some cases the FBI may have created terrorists out of law-abiding individuals by suggesting the idea of taking terrorist action or encouraging the target to act,’ the report alleges.”
Torture, rendition, secret prisons, spying on Americans, surveillance policies that are obviously, woefully ripe for abuse…We are six and a half years into the administration of a president who promised us definitively this nonsense would end. And yet, virtually every day, we hear of a new outrage, and the only official response seems to be Lock Up the Messenger. So when are we going to get an accountability moment here?
On top of all their recent bad behavior, the CIA has apparently been spying on researchers for the Senate oversight committee, who have been (at last) inquiring in-depth into the agency’s Dubya-era torture regime. “The report details how the CIA misled the Bush administration and Congress about the use of [torture]…It also shows, members have said, how the techniques didn’t provide the intelligence that led the CIA to the hideout in Pakistan where Osama bin Laden was killed in a 2011 raid by Navy SEALs.” But…but…that was in Zero Dark Thirty!
In any event, Senator Dianne Feinstein, chairwoman of the relevant committee and usually an enabler and/or cheerleader for this sort of egregious intelligence overreach, had this to say: “‘There is an I.G. investigation’…Asked about the tension between the committee and the spy agency it oversees, Ms. Feinstein said, ‘Our oversight role will prevail.'” Oversight, eh? That’d be new and different.
A new report by Columbia’s Institute of Medicine examines doctors’ (continuing) complicity in our recent torture regime. “Putting on a uniform does not and should not abrogate the fundamental principles of medical professionalism…’Do no harm’ and ‘put patient interest first’ must apply to all physicians regardless of where they practice.”
A late but welcome reassessment from Conor Friedersdorf: Breaking Bad as an analogy for post-9/11 America. “The world dealt us an unfair blow, and we used it as an excuse to break bad…We became inured to the selfishness of our actions. We slid predictably down the slope upon which we stepped, and the farther we go the uglier it gets. We haven’t hit bottom yet or anything close to it.”
Didn’t get to this before heading out for a Memorial Day weekend camping trip: As y’all know by now, President Obama delivered a much-hailed State of the War on Terror address at the National Defense University, during which he called for the eventual repeal of AUMF, tighter oversight of drone strikes, and the closing of the Gitmo Gulag at last. “Our systematic effort to dismantle terrorist organizations must continue. But this war, like all wars, must end. That’s what history advises. That’s what our democracy demands.”
Sounds great! When’s it happening? Er…well, that’s that trick, isn’t it? When it comes to the first promise — the repeal of AUMF — as Brooking’s Benjamin Witte noted: “Obama does not need Congress to narrow or repeal the AUMF or to get off of a war footing. He can do it himself, declaring hostilities over in whole or in part. And Obama, needless to say, did not do anything like that.”
Ok, what about drone strikes? As Fred Kaplan and others — including the heckler at the speech — have pointed out, President Obama did not promise to transfer drone strike authority from the CIA (where they remain covert) to the military (where there’s more possibility of oversight.) Nor did he pledge to end “signature strikes,” meaning the current practice of unleashing fiery death upon unknown parties because they seem to be acting shady. This “supposedly new, restrictive policy on drone strikes,” writes Kaplan, “was neither new nor restrictive…In short, the speech heralded nothing new when it comes to drone strikes.”
Instead, Obama defended his drone policy as legal and effective. At one point, he asserted “for the record, I do not believe it would be constitutional for the government to target and kill any U.S. citizen — with a drone, or with a shotgun — without due process.” And then, in the very next paragraph, he asserts that particular executive prerogative in the matter of Anwar Awlaki — assassinated without due process. (FWIW, Obama is clearly using the Colbert reasoning here: “Trial by jury, trial by fire, rock, paper scissors, who cares? Due process just means that there is a process that you do. The current process is apparently, first the president meets with his advisers and decides who he can kill. Then he kills them.”)
As for Gitmo…well, we have been here before, so fool me once and all that. “‘The speech was deeply disappointing,’ says David Remes, a lawyer who has represented a number of Yemenis held at Guantanamo – adding that Obama only ‘created the illusion of forward momentum.’…The president has the power to issue national security waivers and direct the Secretary of Defense to certify detainee transfer if they are deemed not a national security threat – something human rights groups have been advocating. Didn’t hear much about that in the president’s address.
Yes, the paragraphs I quoted from the speech above at the onset are laudable, and yes, I suppose some people might find it vaguely comforting to know that the force of these issues weigh on the presidential mind in a way they didn’t between 2001 and 2008. But let’s be honest. It has been a troubling tendency of this administration — and by troubling tendency I mean signature pattern — to follow up lofty, progressive-minded rhetoric with absolutely no action of consequence. We need more than words from this president.
A “nonpartisan, independent review of interrogation and detention programs in the years after the Sept. 11, 2001, terrorist attacks,” headed by two former Members of Congress (Republican Asa Hutchinson and Democrat James Jones) offers an in-depth investigative report on our national post-9/11 torture regime.
“The sweeping, 577-page report says that while brutality has occurred in every American war, there never before had been ‘the kind of considered and detailed discussions that occurred after 9/11 directly involving a president and his top advisers on the wisdom, propriety and legality of inflicting pain and torment on some detainees in our custody.'”
Of course, we have known all this for awhile now. And yet, just as with the folks who brought us the financial crisis, there has been zero accountability coming from Obama’s Justice Department or anywhere else. Instead, our powers-that-be have been too busy trying to round up purported public enemies like Bradley Manning and Aaron Swartz.
And yet, as this report unequivocally lays out, the evidence of an American torture regime, planned and carried out after 9/11 at the highest levels of government, is indisputable. For the rule of law’s sake as much as for the values we purportedly stand for, we still need a reckoning.
While pleading guilty to 10 of the 22 charges against him, Bradley Manning makes a long and detailed statement about why he gave classified documents to Wikileaks. “The more I read the cables, the more I came to the conclusion that this was the type of information that– that this type of information should become public. I once read a, and used, a quote on open diplomacy written after the First World War and how the world would be a better place if states would avoid making secret pacts and deals with and against each other.”
See also this on Gitmo: “[T]he more I became educated on the topic, it seemed that we found ourselves holding an increasing number of individuals indefinitely that we believed or knew to be innocent, low level foot soldiers that did not have useful intelligence and would be released if they were still held in theater.”
I’m with Glenn Greenwald on this – Bradley Manning should be considered a hero, the Daniel Ellsberg of our day, and the real crime here is how terribly he’s been treated by the powers-that-be for a justifiable act of whistle-blowing. “He knew exactly what he was risking, what he was likely subjecting himself to. But he made the choice to do it anyway because of the good he believed he could achieve, because of the evil that he believed needed urgently to be exposed and combated, and because of his conviction that only leaks enable the public to learn the truth about the bad acts their governments are doing in secret.”
And, for this stand on idealism, we’ve kept Pvt. Manning locked in a cell for 23 hours a day and are (still) threatening him with life in prison. Meanwhile, this town is overrun with glib, useless assholes who don’t care about anyone but themselves, and those guys keep failing up. We hound and imprison our Swartzes and Mannings, while coddling and venerating the Dimons and Blankfeins of this world. Some system.
Upon the revelation that the Obama administration finally moved to codify a drone policy — but only in case they lost the election and Romney took up the Ring of Power instead — Glenn Greenwald calls out the many Democrats who have forsaken their prior civil liberties stances to prop up this sort of obviously unconstitutional behavior by “Our Team.”
See also Marcy Wheeler on this issue, who along with offering an informed and in-depth view of the big picture, has unleashed some devastating tweets of late. To wit: “Shorter Scott Shane: Drone Rule Book exists for NYT A1, but not for ACLU’s grubby little FOIAs.“
I’ve said this before, but there’s an easy available metaphor to explain why what the administration is doing here is so unhealthy and reprehensible. As with the Ring, so too with indefinite detention, state secrets, extrajudicial assassinations, unmitigated use of drones, and the rest of the dark tools comprising today’s GWOT arsenal. It does not matter who tries to wield them — they will corrupt regardless, not to mention leave a trail of undeserving dead in their wake.