America’s Moral Collapse.

There are many reasons why I post less frequently at GitM these days, and a lot of them are the usual prosaic stuff — life is good, the days are very busy, my garrison isn’t going to build itself. But among them also is, quite frankly, it’s sometimes hard to see a purpose to it anymore, at least in GitM’s current incarnation. Case in point: this month’s CIA torture revelations.

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 buryably 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.

We — again, you and I — also paid two psychiatrists $80 million to come up with more devastating torture techniques. (And their contract was originally for $180 million!)

These two assholes got on the payroll after Al Qaeda higher-up Abu Zubaydah was captured. Zubaydah was then waterboarded over eighty times, mainly so he and others would corroborate the false positive, demanded by Iraq War architects, that Iraq was involved with Al Qaeda.

We also tortured people for not calling CIA officers “sir,” or having a stomachache.

We even tortured our own informants.

We anally raped detainees with pureed hummus, causing anal fissures and a rectal prolapse due to “excessive force.”

We also may have raped detainees with dogs. And it sounds like a child was raped in our custody as well.

Another detainee froze to death during his Room 101 session.

Naturally, the CIA tried to cover all this up. First, they blatantly lied about the efficacy of their torture regime. (And, since it cannot be said enough, particularly in the wake of the CIA’s Zero Dark Thirty propaganda: Torture does not work.)

Then, they — with the full and active complicity of both the Bush and Obama administrations — blocked the American people from seeing the evidence of their depravities, including destroying torture tapes, repeatedly lying to Congress, and hacking into Senate computers.

And, still, over a decade later: Even though the Constitution bans torture, even though it is a crime to lie to Congress, even though it is explicitly a crime NOT to prosecute torturers, Nobody Has Gone To Jail — well, except the whistleblower.

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.

Continued Injuries and Usurpations.

Recent dismal developments on the War on Terror/Civil Liberties Front:

(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?

Who Watches the Watchmen? The CIA.

“The criminal referral may be related to what several knowledgeable people said was CIA monitoring of computers used by Senate aides to prepare the study…The development marks an unprecedented breakdown in relations between the CIA and its congressional overseers amid an extraordinary closed-door battle over the 6,300-page report on the agency’s use of waterboarding and harsh interrogation techniques on suspected terrorists held in secret overseas prisons. The report is said to be a searing indictment of the program.”

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.

Doctors of Depravity.

“‘It’s clear that in the name of national security, the military trumped (the Hippocratic Oath), and physicians were transformed into agents of the military and performed acts that were contrary to medical ethics and practice,’ said Gerald Thomson, a retired Columbia professor of medicine and coauthor of the study.”

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.”

Heisenberg? Try Cheney.

“Americans are, like Walter White, a self-justifying sort. We see ourselves as exceptional. Often times we behave as if the rules that apply to the rest of the world, rules we want constraining them, don’t and needn’t really apply to us…Take it from The New York Times, our paper of record. Other nations forcing water into a prisoner’s lungs is torture. When we do it? Enhanced interrogation. America doesn’t torture. We’re the good guys!”

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.”

Yes, We Tortured.

“‘[I]t is indisputable that the United States engaged in the practice of torture’ and that the nation’s highest officials bore ultimate responsibility for it…The use of torture, the report concludes, has ‘no justification’ and ‘damaged the standing of our nation, reduced our capacity to convey moral censure when necessary and potentially increased the danger to U.S. military personnel taken captive.’ The task force found ‘no firm or persuasive evidence’ that these interrogation methods produced valuable information that could not have been obtained by other means.”

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.

The New Haymarket.

What I said last year stands. The world doesn’t need any more 9/11 retrospectives. Still, this NASA picture from that dark day is pretty impressive, so there’s that.

I will say this: Since last week we watched Democrats — Democrats — chant USA, call out Mitt Romney for being insufficiently for the troops, and all but roll the severed head of Osama Bin Laden out on stage, perhaps it’s time to regain a little perspective.

9/11 was a horrible crime that demanded justice. It was also an event, it has now become clear, that could have and should have been prevented by the Dubya administration using traditional, pre-9/11 intelligence methods. Since that dark day, nine people have died in our indefinite detention prison camp at GitMo. The only person being prosecuted for the Dubya-era torture regime is the whistleblower. And we’re now set to unleash a wave of SKYNET-like drones over our own territory in the name of keeping us safe.

It’s long past time to stop compounding the tragedy of what happened in New York and Washington eleven years ago by shredding the constitution in response. It’s time to get back to being America again.

Straight Talk about Torture.


I don’t mourn the loss of any terrorist’s life. What I do mourn is what we lose when by official policy or official neglect we confuse or encourage those who fight this war for us to forget that best sense of ourselves. Through the violence, chaos and heartache of war, through deprivation and cruelty and loss, we are always Americans, and different, stronger and better than those who would destroy us.

Showing a flash of his 2000 self in today’s WaPo op-ed page, John McCain argues anew that torture is un-American — and that Bush water-carriers like Michael Mukasey are lying about its efficacy in the Bin Laden hunt. He then followed up with a Senate speech to the same effect:

“In fact, not only did the use of ‘enhanced interrogation techniques’ on Khalid Sheikh Mohammed not provide us with key leads on bin Laden’s courier, Abu Ahmed; it actually produced false and misleading information…In short, it was not torture or cruel, inhuman, and degrading treatment of detainees that got us the major leads that ultimately enabled our intelligence community to find Osama bin Laden.

Obama Ghraib.

“‘There can be no conceivable justification for requiring a soldier to surrender all his clothing, remain naked in his cell for seven hours, and then stand at attention the subsequent morning,’ he wrote. ‘This treatment is even more degrading considering that Pfc. Manning is being monitored — both by direct observation and by video — at all times.‘”

Sometimes I don’t post here because I’m really busy. Sometimes I don’t post here because the news is too damned depressing: The United States takes another big step towards Miniluv by applying Dubya-era torture and intimidation techniques to an American citizen in custody for leaking, Bradley Manning. (Y’see, it’s a four lights = five lights kinda thing. Manning has to break — and then, like Zubadayah and KSM, voice untruths — for there to be any sort of possible criminal conspiracy case against Wikileaks.)

What is there to say, really? State Department spokesman P.J. Crowley already correctly stated that this abusive treatment of Manning was “ridiculous, counterproductive, and stupid,” and, within days, he was fired for stating the obvious.

The president, meanwhile, assures us everything is ok because the Pentagon said so: “I have actually asked the Pentagon whether or not the procedures that have been taken in terms of his confinement are appropriate and are meeting our basic standards. They assure me that they are.” This, as Glenn Greenwald (who’s been on top of this all the way) points out, is exactly the same rationale Dubya used to use: “‘When [Bush] asked ‘the most senior legal officers in the U.S. government’ to review interrogation methods, ‘they assured me they did not constitute torture.’” Well, ok then.

So let’s review. Dubya’s administration constructs an illegal and unconstitutional torture regimeNobody goes to jail, and nothing changes. (Look forward, not backward!) The Dubya administration lies to the American people in order to prosecute a war of choice in Iraq. Nobody goes to jail, and nothing changes. Through greed and outright fraud, Wall Street traders implode the global economy to the tune of trillions of dollars, and, with the convenient exception of Bernie Madoff, nobody goes to jail, and nothing changes. (Synthetic junk, anyone?) Big banks continue their crime spree by engaging in a massive epidemic of foreclosure fraud, and nobody goes to jail (but we’ll make them promise not to do it again!)

Oh, and an Army private leaks “secret” documents (so secret they were available to millions of people) because “[h]e wanted people held accountable and wanted to see this didn’t happen again” — the very definition of whistleblowing — and now we’re treating him like Winston Smith. (Then again, our president does despise whistleblowers.)

Should Manning be in U.S. custody right now? Yes. He took an oath to the United States military and, knowing full well the consequences, broke it in an act of civil disobedience. If you can’t do the time, don’t do the crime — I get that. But should Manning be abused and tortured in U.S. custody? Of course not — Nobody should be. In fact, I thought we elected Barack Obama as president to make sure this never happened again.

Nope, sorry. Instead, President Obama fired Crowley and is owning what’s happening to Manning right now. He also just reinstated and normalized indefinite detentions at Gitmo. (Obama the constitutional scholar? Meet the Fifth and Sixth Amendments.) And when not perpetuating Dubya-era illegalities, he (and new lefty-bashing chief of staff) spend their days talking up the deficit, talking down regulation, and hoping the Chamber and the NRA take their meetings. Feel those winds of change, y’all. (Obama meme pic above via here.)

Update: “Based on 30 years of government experience, if you have to explain why a guy is standing naked in the middle of a jail cell, you have a policy in need of urgent review.P.J. Crowley reflects on his recent firing. “I stand by what I said. The United States should set the global standard for treatment of its citizens – and then exceed it. It is what the world expects of us. It is what we should expect of ourselves.

Enemy of the State.


“‘To the extent there are gaps in our laws,’ Holder continued, ‘we will move to close those gaps, which is not to say…that anybody at this point, because of their citizenship or their residence, is not a target or a subject of an investigation that’s ongoing.

After another embarrassing document dump by Wikileaksthis time diplomatic cables, next time Bank of America? — Attorney General Holder threatens the prosecution of Julian Assange, an Australian citizen — most likely under the Espionage Act, the same catch-all 1917 law used to lock up Eugene Debs back in the day.

First of all, Gawker‘s John Cook has already explained why this attempted line of prosecution doesn’t work. However docile the “nation’s watchdogs” remain on any other given day, the newspapers that published these leaks would have to be considered co-conspirators in any Espionage Act-related indictment. “We think its fairly obvious that the Department of Justice won’t go after the Times or any of the other papers involved in the story. But if it doesn’t, that’s just evidence that its attempt to use the Espionage Act to go after Assange isn’t about enforcing laws: It’s about retribution, harassment, and rattling sabers.

Secondly, if Assange wants to avoid federal prosecution, perhaps he should just…I dunno…torture somebody? Or maybe rip off the American people for trillions of dollars? Or how ’bout just spying on Americans via warrantless wiretap? Apparently, disclosing those kinds of secrets is one of those look-forward-not-backward kinda things.

Let’s get real here. There’s no threat to our troops in these leaks — Even the Pentagon admits that. (A more overlooked problem, as a friend pointed out, is what this leak might mean for human rights workers.) Wikleaks’ methods are of the blunderbuss variety, yes. (That probably speaks in their favor: They don’t seem to tailor their leaks to suit a predetermined spin. They just dump data. And, hey, somebody should be doing the media’s job.) And, sure, Assange comes off as more than a bit pretentious, but what of it? If being a jackass were a crime, our prison system in this country would be completely broken…oh wait, it already is.

In the end, as Glenn Greenwald well put it, “our government and political culture is so far toward the extreme pole of excessive, improper secrecy that that is clearly the far more significant threat.” You’d think an administration that ran on unparalleled transparency in government might feel the same way. But, sadly, like its predecessor, the only crime this administration really seems to hate is whistleblowing.