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Interrogation Memos Detail Harsh Tactics by the C.I.A. - NYTimes.com - 0 views

  • The Justice Department on Thursday made public detailed memos describing brutal interrogation techniques used by the Central Intelligence Agency, as President Obama sought to reassure the agency that the C.I.A. operatives involved would not be prosecuted.
  • In dozens of pages of dispassionate legal prose, the methods approved by the Bush administration for extracting information from senior operatives of Al Qaeda are spelled out in careful detail — like keeping detainees awake for up to 11 straight days, placing them in a dark, cramped box or putting insects into the box to exploit their fears.
  • The interrogation methods were authorized beginning in 2002, and some were used as late as 2005 in the C.I.A.’s secret overseas prisons.
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  • Some senior Obama administration officials, including Attorney General Eric H. Holder Jr., have labeled one of the 14 approved techniques, waterboarding, illegal torture.
  • The United States prosecuted some Japanese interrogators at war crimes trials after World War II for waterboarding and other methods detailed in the memos.
  • Together, the four memos give an extraordinarily detailed account of the C.I.A.’s methods and the Justice Department’s long struggle, in the face of graphic descriptions of brutal tactics, to square them with international and domestic law. Passages describing forced nudity, the slamming of detainees into walls, prolonged sleep deprivation and the dousing of detainees with water as cold as 41 degrees alternate with elaborate legal arguments concerning the international Convention Against Torture.
  • The documents were released with minimal redactions, indicating that President Obama sided against current and former C.I.A. officials who for weeks had pressed the White House to withhold details about specific interrogation techniques.
  • Leon E. Panetta, the C.I.A. director, had argued that revealing such information set a dangerous precedent for future disclosures of intelligence sources and methods.
  • A more pressing concern for the C.I.A. is that the revelations may give new momentum to proposals for a full-blown investigation into Bush administration counterterrorism programs and possible torture prosecutions.
  • Mr. Obama condemned what he called a “dark and painful chapter in our history” and said that the interrogation techniques would never be used again. But he also repeated his opposition to a lengthy inquiry into the program, saying that “nothing will be gained by spending our time and energy laying blame for the past.”
  • Mr. Obama said that C.I.A. officers who were acting on the Justice Department’s legal advice would not be prosecuted, but he left open the possibility that anyone who acted without legal authorization could still face criminal penalties. He did not address whether lawyers who authorized the use of the interrogation techniques should face some kind of penalty.
  • The four legal opinions, released in a Freedom of Information Act lawsuit filed by the A.C.L.U., were written in 2002 and 2005 by the Justice Department’s Office of Legal Counsel, the highest authority in interpreting the law in the executive branch.
  • The first of the memos, from August 2002, was signed by Jay S. Bybee, who oversaw the Office of Legal Counsel, and gave the C.I.A. its first detailed legal approval for waterboarding and other harsh treatment.
  • Three others, signed by Steven G. Bradbury, sought to reassure the agency in May 2005 that its methods were still legal, even when multiple methods were used in combination, and despite the prohibition in international law against “cruel, inhuman or degrading” treatment.
  • All legal opinions on interrogation were revoked by Mr. Obama on his second day in office, when he also outlawed harsh interrogations and ordered the C.I.A.’s secret prisons closed.
  • They recounted the C.I.A.’s assertions of the effectiveness of the techniques but noted that interrogators could not always tell a prisoner who was withholding information from one who had no more information to offer.
  • The memos include what in effect are lengthy excerpts from the agency’s interrogation manual, laying out with precision how each method was to be used. Waterboarding, for example, involved strapping a prisoner to a gurney inclined at an angle of “10 to 15 degrees” and pouring water over a cloth covering his nose and mouth “from a height of approximately 6 to 18 inches” for no more than 40 seconds at a time.
  • But a footnote to a 2005 memo made it clear that the rules were not always followed. Waterboarding was used “with far greater frequency than initially indicated” and with “large volumes of water” rather than the small quantities in the rules, one memo says, citing a 2004 report by the C.I.A.’s inspector general.
  • Most of the methods have been previously described in news accounts and in a 2006 report of the International Committee of the Red Cross, which interviewed 14 detainees. But one previously unknown tactic the C.I.A. proposed — but never used — against Abu Zubaydah, a terrorist operative, involved exploiting what was thought to be his fear of insects.
  • “As we understand it, you plan to inform Zubaydah that you are going to place a stinging insect into the box, but you will actually place a harmless insect in the box, such as a caterpillar,” one memo says.
  • Dennis C. Blair, the director of national intelligence, cautioned that the memos were written at a time when C.I.A. officers were frantically working to prevent a repeat of the Sept. 11, 2001, attacks. “Those methods, read on a bright, sunny, safe day in April 2009, appear graphic and disturbing,” said Mr. Blair in a written statement. “But we will absolutely defend those who relied on these memos.”
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Divisions Arose on Rough Tactics for Qaeda Figure - NYTimes.com - 0 views

  • The first use of waterboarding and other rough treatment against a prisoner from Al Qaeda was ordered by senior Central Intelligence Agency officials despite the belief of interrogators that the prisoner had already told them all he knew, according to former intelligence officials and a footnote in a newly released legal memorandum.
  • The escalation to especially brutal interrogation tactics against the prisoner, Abu Zubaydah, including confining him in boxes and slamming him against the wall, was ordered by officials at C.I.A. headquarters based on a highly inflated assessment of his importance, interviews and a review of newly released documents show.
  • Abu Zubaydah had provided much valuable information under less severe treatment, and the harsher handling produced no breakthroughs, according to one former intelligence official with direct knowledge of the case. Instead, watching his torment caused great distress to his captors, the official said.
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  • Even for those who believed that brutal treatment could produce results, the official said, “seeing these depths of human misery and degradation has a traumatic effect.”
  • A footnote to another of the memos described a rift between line officers questioning Abu Zubaydah at a secret C.I.A. prison in Thailand and their bosses at headquarters, and asserted that the brutal treatment may have been “unnecessary.”
  • In March 2002, when Abu Zubaydah was captured in Pakistan after a gunfight with Pakistani security officers backed by F.B.I. and C.I.A. officers, Bush administration officials portrayed him as a Qaeda leader. That judgment was reflected in the Aug. 1, 2002, legal opinion signed by Jay S. Bybee, then head of the Justice Department’s Office of Legal Counsel.The memo summarizes the C.I.A.’s judgment that Abu Zubaydah, then 31, had risen rapidly to “third or fourth man in Al Qaeda” and had served as “senior lieutenant” to Osama bin Laden. It said he had “managed a network of training camps” and had been “involved in every major terrorist operation carried out by Al Qaeda.”
  • The memo reported the C.I.A.’s portrayal of “a highly self-directed individual who prizes his independence,” a deceptive narcissist, healthy and tough, who agency officers believed was the most senior terrorist caught since the attacks of Sept. 11, 2001.
  • His interrogation, according to multiple accounts, began in Pakistan and continued at the secret C.I.A. site in Thailand, with a traditional, rapport-building approach led by two F.B.I. agents, who even helped care for him as his gunshot wounds healed.
  • A C.I.A. interrogation team that arrived a week or two later, which included former military psychologists, did not change the approach to questioning, but began to keep him awake night and day with blasting rock music, have his clothes removed and keep his cell cold.
  • The legal basis for this treatment is uncertain, but lawyers at C.I.A. headquarters were in constant touch with interrogators, as well as with Mr. Bybee’s subordinate in the Office of Legal Counsel, John C. Yoo, who was drafting memos on the legal limits of interrogation.
  • Through the summer of 2002, Abu Zubaydah continued to provide valuable information. Interrogators began to surmise that he was not a leader, but rather a helpful training camp personnel clerk who would arrange false documents and travel for jihadists, including Qaeda members.
  • He knew enough to give interrogators “a road map of Al Qaeda operatives,” an agency officer said. He also repeated talk he had heard about possible plots or targets in the United States, though when F.B.I. agents followed up, most of it turned out to be idle discussion or preliminary brainstorming.At the time, former C.I.A. officials say, his tips were extremely useful, helping to track several other important terrorists, including Mr. Mohammed.
  • But senior agency officials, still persuaded, as they had told President George W. Bush and his staff, that he was an important Qaeda leader, insisted that he must know more.“You get a ton of information, but headquarters says, ‘There must be more,’ ” recalled one intelligence officer who was involved in the case. As described in the footnote to the memo, the use of repeated waterboarding against Abu Zubaydah was ordered “at the direction of C.I.A. headquarters,” and officials were dispatched from headquarters “to watch the last waterboard session.”
  • The memo, written in 2005 and signed by Steven G. Bradbury, who worked in the Office of Legal Counsel, concluded that the waterboarding was justified even if the prisoner turned out not to know as much as officials had thought.
  • And he did not, according to the former intelligence officer involved in the Abu Zubaydah case. “He pleaded for his life,” the official said. “But he gave up no new information. He had no more information to give.”
  • Since 2002, the C.I.A. has downgraded its assessment of Abu Zubaydah’s significance, while continuing to call his revelations important. In an interview, an intelligence officer said that the current view was that Abu Zubaydah was “an important terrorist facilitator” who disclosed “essential raw material for successful counterterrorist action.”
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Effectiveness Of Harsh Questioning Is Unclear - washingtonpost.com - 0 views

  • It is unclear from unclassified reports whether the information gained was critical in foiling actual plots. Mohammed later told outside interviewers that he was "forced to invent in order to make the ill-treatment stop" and that he "wasted a lot of their time [with] several false red-alerts being placed in the U.S.," according to the Red Cross, whose officials interviewed Mohammed and other detainees after they were transferred to the military prison at Guantanamo Bay, Cuba, in September 2006.
  • Mohammed continued to be a valued source of information long after the coercive interrogation ended. Indeed, he has gone on to lecture CIA agents in a classroom-like setting, on topics from Greek philosophy to the structure of al-Qaeda, and wrote essays in response to questions, according to sources familiar with his time in detention.
  • Counterterrorism officials also said the two men and other captured suspects provided critical information about senior al-Qaeda figures and identified hundreds of al-Qaeda members, associates and financial backers. if ( show_doubleclick_ad && ( adTemplate & INLINE_ARTICLE_AD ) == INLINE_ARTICLE_AD && inlineAdGraf ) { placeAd('ARTICLE',commercialNode,20,'inline=y;',true) ; } The accumulation and triangulation of information also allowed officials to vet the intelligence they were receiving and to push other prisoners toward making full and frank statements.
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  • The memo said the CIA waterboarded Mohammed only after it became apparent that standard interrogation techniques were not working, a judgment that appears to have been reached rapidly. Mohammed, according to the memo, resisted giving any answers to questions about future attacks, saying, "Soon you will know."
  • A 2005 memo by the Justice Department's Office of Legal Counsel said that Mohammed and Abu Zubaida, the nom de guerre of Zayn al-Abidin Muhammed Hussein, an al-Qaeda associate who was also subjected to coercive interrogation, have been "pivotal sources because of their ability and willingness to provide their analysis and speculation about the capabilities, methodologies and mindsets of terrorists."
  • One of the Justice Department memos said waterboarding "may be used on a High Value Detainee only if the CIA has 'credible intelligence that a terrorist attack is imminent.' " It also stated that waterboarding can be employed only if "other interrogation methods have failed to elicit the information [or] CIA has clear indications that other methods are unlikely to elicit this information within the perceived time limit for preventing the attack."
  • The memo, while saying it discussed only a fraction of the important intelligence gleaned from Abu Zubaida and Mohammed, cited three specific successes: the identification of alleged "dirty bomber" Jose Padilla; the discovery of a "Second Wave" attack targeting Los Angeles; and the break-up of the Indonesian Jemaah Islamiya cell, an al-Qaeda ally led by Riduan Isamuddin, better known as Hambali. The last example was an undoubted success that led to the capture of several suspects, but the other two are much less clear-cut.
  • The Office of Legal Counsel memo said Abu Zubaida provided significant information on two operatives, including Jose Padilla, who "planned to build and detonate a dirty bomb in the Washington D.C area."
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Bush Officials Try to Alter Ethics Report - washingtonpost.com - 0 views

  • Former Bush administration officials have launched a behind-the-scenes campaign to urge Justice Department leaders to soften an ethics report criticizing lawyers who blessed harsh detainee interrogation tactics, according to two sources familiar with the efforts.
  • Bybee, now a federal appeals court judge, and Yoo, now a law professor in California
  • A draft report of more than 200 pages, prepared in January before Bush's departure, recommends disciplinary action, rather than criminal prosecution, by state bar associations against Yoo and Bybee, former attorneys in the department's Office of Legal Counsel, for their work in preparing and signing the interrogation memos. State bar associations have the power to suspend a lawyer's license to practice or impose other penalties.
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  • Representatives for John C. Yoo and Jay S. Bybee, subjects of the ethics probe, have encouraged former Justice Department and White House officials to contact new officials at the department to point out the troubling precedent of imposing sanctions on legal advisers, said the sources, who spoke on the condition of anonymity because the process is not complete.
  • The legal analysis on interrogation prepared by a third former chief of the Office of Legal Counsel, Steven G. Bradbury, also was a subject of the ethics probe. But in an early draft, investigators did not make disciplinary recommendations about Bradbury.
  • Among other things, the draft report cited passages from a 2004 CIA inspector general's investigation and cast doubt on the effectiveness of the questioning techniques, which sources characterized as far afield from the narrow legal questions surrounding the lawyers' activities.
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