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Paul Merrell

How a false witness helped the CIA make a case for torture | Al Jazeera America - 0 views

  • Buried amid details of “rectal rehydration” and waterboarding that dominated the headlines over last week’s Senate Intelligence Committee findings was an alarming detail: Both the committee’s summary report and its rebuttal by the CIA admit that a source whose claims were central to the July 2004 resumption of the torture program  — and, almost certainly, to authorizing the Internet dragnet collecting massive amounts of Americans’ email metadata — fabricated claims about an election year plot. Both the torture program and President Bush's warrantless wiretap program, Stellar Wind, were partly halted from March through June of 2004. That March, Assistant Attorney General Jack Goldsmith prepared to withdraw Pentagon authorization for torture, amid growing concern following the publication of pictures of detainee abuse at Iraq's Abu Ghraib, and a May 2004 CIA inspector general report criticizing a number of aspects of the Agency's interrogation program. On June 4, 2004, CIA Director George Tenet suspended the use of torture techniques.
  • During the same period, the DOJ lawyers who pushed to stop torture were also persuading President George W. Bush to halt aspects of Stellar Wind, a program that conducted warrantless wiretapping of Americans’ communications inside the U.S., on top of the Internet metadata. After a dramatic confrontation in the hospital room of Attorney General John Ashcroft on March 10, 2004, acting Attorney General Jim Comey and Goldsmith informed Bush there was no legal basis for parts of the program. Ultimately, Bush agreed to modify aspects of it, in part by halting the collection of Internet metadata. But even as Bush officials suspended that part of the program on March 26, they quickly set about finding legal cover for its resumption. One way they did so was by pointing to imminent threats — such as a planned election-season attack — in the United States.
  • The CIA in March 2004 received reporting from a source the torture report calls "Asset Y,” who said a known Al-Qaeda associate in Pakistan, Janat Gul — whom CIA at the time believed was a key facilitator — had set up a meeting between Asset Y and Al-Qaeda's finance chief, and was helping plan attacks inside the United States timed to coincide with the November 2004 elections. According to the report, CIA officers immediately expressed doubts about the veracity of the information they’d been given by Asset Y. A senior CIA officer called the report "vague" and "worthless in terms of actionable intelligence." He noted that Al Qaeda had already issued a statement “emphasizing a lack of desire to strike before the U.S. election” and suggested that since Al-Qaeda was aware that “threat reporting causes panic in Washington” and inevitably results in leaks, planting a false claim of an election season attack would be a good way for the network to test whether Asset Y was working for its enemies. Another officer, assigned to the group hunting Osama bin Laden, also expressed doubts. In its rebuttal to the Senate report, the CIA argues the agency was right to take seriously Asset Y’s reporting , in spite of those initial doubts. The CIA wrote numerous reports about the claim “even as we worked to resolve the inconsistencies.” Reports from detainee Hassan Ghul, who was captured in January 2004, supported the possibility that a cell of Al-Qaeda members in Pakistan’s tribal areas might be planning a plot of which he was unaware. And the CIA corroborated other parts of Asset Y's reporting.
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  • Still, the CIA had one further reason for doubting claims that Gul was at the center of an Al-Qaeda election-year plot. Ghu told the CIA about an attempt by Gul, in the fall of 2003, to sell anti-aircraft missiles to Al-Qaeda; the Qaeda figure in Ghul’s story didn't even want to work with Gul. And Ghul later learned Gul was probably lying about his ability to acquire the missiles.
  • Nevertheless, the CIA took seriously Asset Y’s claim that Gul was involved in an election plot and moved quickly to gain custody of him after his arrest by Pakistan in June 2004. Even before CIA rendered Gul to its custody, Tenet started lobbying to get torture techniques reapproved for his interrogation. On June 29, Tenet wrote National Security Adviser Condoleezza Rice seeking approval to once again use some of the techniques whose use he suspended less than four weeks earlier, in the hope of gathering information on the election season plot. "Given the magnitude of the danger posed by the pre-election plot and Gul's almost certain knowledge of any intelligence about that plot” Tenet wrote, relying on Asset Y's claims, “I request the fastest possible resolution of the above issues." On July 20, according to the report, top administration officials gave CIA verbal approval to get back into the torture business. Ashcroft stated that most previously approved interrogation techniques would not violate U.S. law on July 22 (though not waterboarding). And by the end of July, CIA started coaxing DOJ to approve other techniques — such as slapping someone in the stomach or hosing them down with cold water or limiting their food — which had already been used by the CIA but never officially approved by DOJ.
  • At the same time, the government was also using the ostensible election-season plot, among others, to persuade the Foreign Intelligence Surveillance Court (FISC) – the secret court that approves domestic spying on Americans – to authorize the Internet dragnet. After Bush halted the Internet dragnet on March 26, his aides began working with FISC presiding judge Colleen Kollar-Kotelly to find a way to use FISA authority -- normally been used to access records for a single phone or Internet account -- to collect Internet metadata in bulk. They provided a series of briefings, including one attended by Terrorist Threat Integration Center head John Brennan and CIA Director George Tenet, to explain the threat. In addition, they provided what – under Stellar Wind – analysts called a “scary memo,” summarizing all the threats facing the country to underscore the urgency of the program. Tenet's declaration included as an appendix to an application submitted in the days before July 14, 2004, laid out the threats CIA and others were fighting that summer.
  • Judge Kollar-Kotelly invoked Tenet's material in a redacted section of her opinion authorizing the phone dragnet, pointing to it as a key reason to permit collection of what she called “enormous” amounts of data from innocent Americans.
  • Soon after the reauthorization of the torture and the Internet dragnet, the CIA realized ASSET Y's story wasn't true. By September, an officer involved in Janat Gul's interrogation observed, “we lack credible information that ties him to pre-election threat information or direct operational planning against the United States, at home or abroad.” In October, CIA reassessed ASSET Y, and found him to be deceptive. When pressured, ASSET Y admitted had had made up the story of a meeting set up by Gul. ASSET Y blamed his CIA handler for pressuring him for intelligence, leading him to lie about the meeting. By 2005, CIA had concluded that ASSET Y was a fabricator, and Janat Gul was a “rather poorly educated village man [who is] quite lazy [who] was looking to make some easy money for little work and he was easily persuaded to move people and run errands for folks on our target list” (though the Agency wasn't always forthright about the judgment to DOJ). The torture program, which was resumed in part because of a perceived urgency of extracting information from Gul on a plot that didn't exist, continued for several more years. The Internet dragnet continued under FISC authorization, on and off, until December 2011. And several other still active NSA programs, including the phone dragnet, relied on Kollar-Kotelly's earlier authorization as precedents – the case for which had also been derived, in part, from one long discredited fabricator.
Paul Merrell

'Comprehensive' CIA Torture Report Won't Even Name Well-Known Architects of Torture Pro... - 0 views

  • Some familiar names will be missing from the Senate Intelligence Committee's long-awaited report on the CIA's torture program, VICE News has learned.Notably, two retired Air Force psychologists, Dr. Bruce Jessen and Dr. James Mitchell, who have been credited with being the architects of the CIA's so-called "enhanced interrogation techniques," have their names redacted in the 480-page executive summary of the report, according to current and former US officials knowledgeable about the contents of the document.
  • Feinstein's concerns about the redactions led Senator Carl Levin to issue a statement condemning the blacked-out passages, in which he noted that much of the redacted information had already been disclosed in a previous report about the treatment of detainees in custody of the US military. That report was released in 2009 by the Senate Armed Services Committee, of which he is chairman.Specifically, Levin is referring to a section that addresses the CIA's interrogation of Abu Zubaydah, whose interrogation and torture also factors prominently in the Senate Intelligence Committee's executive summary, portions of which have been redacted, officials familiar with the document told VICE News.
  • The CIA has argued that the Intelligence Committee's use of pseudonyms in its executive summary does not provide the officers who were involved in the program with enough cover. People familiar with the document also said it leaves an impression that the agency gave the committee its blessing to partially identify its officers.Officials say the agency is concerned that journalists and human rights researchers will be able to unmask the officers, whose identities, in some cases, are still classified, based on the way the pseudonyms are used and the fact that some information about the individuals has already appeared in previously published reports.The report currently says individual CIA officers and contractors, identified by pseudonyms, were present in unnamed European countries with named CIA captives during particular years. In some cases, those officers are identified with the same pseudonyms in other parts of the report as having been promoted to leadership positions in the CIA, which also makes it easier to identify them.
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  • One version of the Senate Intelligence Committee's executive summary had apparently identified Mitchell and Jessen by name, and a copy of the panel's findings and conclusions obtained by McClatchy Newspapers included a bullet point that said: "Two contract psychologists devised the CIA's enhanced interrogation techniques and were central figures in the program's operation."But, according to current and former intelligence officials and committee staffers knowledgeable about the report, the CIA has insisted that the executive summary exclude any reference to Mitchell and Jessen by name, despite the fact that their roles in the program have been widely reported. The issue is part of a larger battle that has surfaced in recent weeks between the CIA and the Senate Intelligence Committee over the intelligence community's redactions in the executive summary that the committee's chairwoman, Senator Dianne Feinstein, said were excessive.
  • The names of countries where the CIA set up so-called black site prisons have also been redacted."Exposing details of past intelligence cooperation with specific foreign governments could jeopardize current relationships with those governments, cause domestic political upheaval in those countries, and undermine the willingness of foreign intelligence services to work with America in the future," the person familiar with the administration's redactions said.
  • The CIA, which has responded to the Senate's report with a 122-page rebuttal, does not wholly disagree with the Intelligence Committee's findings. But there are vehement disagreements the CIA has with the committee over certain assertions the panel has made involving 10 detainees. The rebuttal includes a list of recommendations the agency intends to implement. The CIA response does not defend the use of torture techniques and it adds that there were instances when the value of intelligence was inflated.With that said, several committee staffers say that the CIA's response asserts that all of the intelligence obtained from detainees was valuable and saved lives. It also says there is no way to determine whether interrogators would have been able to obtain intelligence if the detainee were not tortured.
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    Let's keep in mind that the CIA agents' names that CIA wants to keep concealed are required to be arrested and prosecuted as war criminals by a treaty the U.S. is party to, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. E.g., in Article 6: " Upon being satisfied, after an examination of information available to it, that the circumstances so warrant, any State Party in whose territory a person alleged to have committed any offence referred to in article 4 is present shall take him into custody or take other legal measures to ensure his presence. The custody and other legal measures shall be as provided in the law of that State but may be continued only for such time as is necessary to enable any criminal or extradition proceedings to be instituted." But here we are presented with the CIA attempting to conceal the identities of its officials who committed torture and to retain them as active agents, rather than assisting in their arrest and prosecution. From the same treaty's Article 2: "1. Each State Party shall take effective legislative, administrative, judicial or other measures to prevent acts of torture in any territory under its jurisdiction. "2. No exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability or any other public emergency, may be invoked as a justification of torture. "3. An order from a superior officer or a public authority may not be invoked as a justification of torture."  
Paul Merrell

Eight top ex-CIA officials launch bid to rebut 'torture report' | Washington Examiner - 0 views

  • In a bid to bring the "rest of the story" to the nation about the CIA's detention and interrogation of al Qaeda terrorists, eight former top CIA officials, including three directors, are publishing a rebuttal to the sensational Senate Democratic "torture report." Early next month, the Naval Institute Press will release "Rebuttal: The CIA Responds to the Senate Intelligence Committee's Study of Its Detention and Interrogation Program." In addition to challenging the Democratic conclusion that CIA techniques, including waterboarding, didn't produce any intelligence, it will be the first time the top officials who oversaw the program will jointly give their review of how it all went down and the successes it brought. Surprisingly, none were interviewed for the Democratic report published in December. It also will include the responses of the Republicans on the Senate Select Committee on Intelligence, left out of the best-selling "The Senate Intelligence Committee Report on Torture: Committee Study of the Central Intelligence Agency's Detention and Interrogation Program."
  • Proceeds generated from the sale of the 352-page "Rebuttal" will go to the CIA Officers Memorial Foundation. The key essays about the program are written by three former CIA chiefs: George Tenet, Porter Goss and retired Gen. Michael V. Hayden. Other contributors include two former deputy directors, John McLaughlin and Michael Morell, former clandestine service boss Jose A. Rodriguez, former CIA and FBI counterterrorism official J. Philip Mudd and former CIA Acting General Counsel John Rizzo. The intelligence community has been eager to counter the Democratic report by the committee's chairwoman, Sen. Dianne Feinstein, which many said has been unfairly characterized as the main report on the CIA's enhanced interrogation programs.
  • After it came out, current CIA Director John O. Brennan said the interrogations helped produce information that helped set the stage for the 2011 raid by Navy SEALs on Osama bin Laden's compound in Abbottabad, Pakistan.
Paul Merrell

We Can Handle the Truth - 0 views

  • Several years back, the Senate Select Committee on Intelligence (SSCI) began a massive effort to evaluate and report on the CIA's post-9/11 interrogation practices, seeking to make a definitive determination of whether CIA techniques were lawful and effective. SSCI staff undertook a $40 million investigation over a three-year period, reviewing millions of classified documents and interviewing hundreds of people, inside and outside the government. SSCI chair, Sen. Dianne Feinstein, calls it "by far the most important oversight activity ever conducted by this committee."
  • The CIA refused to permit SSCI investigators to interview its interrogators, however, and a full year after the SSCI adopted a 6,000-page report on the investigation in a bipartisan vote, the agency continues to resist efforts to make the report public. Let's take a look at the most common arguments against releasing the SSCI report. None holds water.
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    Perceptive rebuttal of the CIA's excuses for keeping the lid on the Senate Intelligence Committee Report on the CIA and torture. 
Paul Merrell

BERLIN: German expose of America's "Secret War" attracts quick, strong U.S. rebuttal | ... - 0 views

  • BERLIN — To appreciate the scope and impact of a joint investigative series by the highly regarded German newspaper Sueddeutsche Zeitung and German public television station NDR on the depth of American trespasses in this country, you don’t even have to read a word of the reports, or watch the videos.All you really have to do is take a look at the U.S. Embassy rebuttal of the series. The multi-part, multi-media series was put on line beginning Friday morning, though some parts weren’t up until evening. And others are said to be coming during the coming weeks. The U.S. Embassy in Germany press office statement came out just after 3 p.m.
  • News report charges U.S. with conducting illegal operations from German soil
  • The newspaper reaction to that reaction: "The American Embassy also comments and rejects the reports as innuendo. They are stating the the United States "are not kidnapping and torturing on principal." This is a daring claim. Only seven months ago a commission made up of Democrats and Republicans called it "undeniable" that the United States tortured inmates following the terror attacks of 2001. Even President Barack Obama said in 2009 that the American practice of water boarding was torture." The website does note that almost 20 reporters started gathering this series more than a year ago.So it doesn't look as if the newspaper and television station will be backing away from their reporting just yet.In any case, the U.S. embassy makes a strong statement, and takes on some of Germany's most respected journalists.Why? One piece of the SZ English language version of the series begins:“Tapping Germany’s Chancellor Angela Merkel’s phone would seem like an outrageous breach of trust—except that there have been so many other, deadlier and lesser-known, breaches of trust wrought by the U.S. in Germany in recent years.
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  • “Where to begin? There’s the worldwide secret drone war—a massive break with international law. Then there’s the large and growing shadow army of private spies. And, finally, the asylum seekers, whose knowledge is unwittingly used to drop bombs in their home countries.“The worst part? Germany doesn't even seem to mind.”The series goes on at great detail in each of these areas. At times, it advances with videos, including one showing it's reporter being stopped from shooting video near the U.S. Embassy in Berlin, or near a number of bases, and allegedly secret bases, of both the United States and the United Kingdom around Germany.The series reports that the $3 billion a year the United States spends in Germany pay for everything from bases for the 43,000 U.S. soldiers stationed here to the American drone campaign in Africa. According to the newspaper’s English language version, that drone program works like this:
  • “First they practice with their 57 drones getting ready for the real thing. When they receive intelligence on potential targets and suspected terrorists, they deliver that information to U.S. intelligence officers, also based in Germany. And these soldiers are responsible when innocent civilians in Africa die as a result. Moral issues aside, the fact remains: without these bases in Germany, the U.S.’s ‘war on terror’ would not be the well-oiled machine it is now. Germany acts as the headquarters for secret wars in Africa, the European hub for CIA operations and the training ground for drone attacks worldwide. And Germany’s location is indispensable.”There is much, much more, here. And the website notes that stories will be coming out during the next several weeks. 
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    German journalists are doing their own digging on U.S. abuse of that nation as a major base for spying and waging war against Africa. In the last line of the quoted article, there is a link to a site that is translating the German reports. 
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