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If there is one word missing from the United States government’s post-9/11 lexicon it is “accountability.” While perfectly legal though illicit sexual encounters apparently continue to rise to the level of high crimes and misdemeanors, leading to resignations, no one has been punished for malfeasance, torture, secret prisons, or extraordinary renditions. Indeed, the Obama administration stated in 2009 that it would not punish CIA torturers because it prefers to “look forward and not back,” a decision not to prosecute that was recently confirmed by Attorney General Eric Holder in two cases involving the deaths of detainees after particularly brutal Agency interrogations. What the White House decision almost certainly means is that the president would prefer to avoid a tussle with the Republicans in congress over national security that would inevitably reveal a great deal of dirty laundry belonging to both parties.

The bipartisan willingness to avoid confrontation over possible war crimes makes the recently completed 6,000 page long Senate Intelligence Committee report on CIA torture an extraordinary document. Though it is still classified and might well never see the light of day even in any sanitized or bowdlerized form, its principal conclusions have been leaking out in the media over the past two weeks. It directly addresses the principal argument that has been made by Bush administration devotees and continues to be advanced regarding the CIA torture agenda:  that vital information obtained by “enhanced interrogation techniques” led to the killing of Osama bin Laden. According to the report, no information obtained by torture was critical to the eventual assassination of the al-Qaeda leader, nor has it been found to be an indispensable element in any of the other terrorism cases that were examined by the Senate committee.

What exactly does that mean? It means that torture, far from being an essential tool in the counter-terrorism effort, has not provided information that could not be obtained elsewhere and using less coercive methods. Senator Diane Feinstein, who sits on the Senate Intelligence Committee and has had access to the entire classified document, elaborated, explaining that the investigation carried out by the Senate included every detainee held by CIA, examining “the conditions under which they were detained, how they were interrogated, the intelligence they actually provided and the accuracy or inaccuracy of CIA descriptions about the program to the White House, Department of Justice, Congress and others.” It “uncovers startling details about the CIA detention and interrogation program…” The report has 35,000 footnotes and investigators perused 6 million pages of official records, which is why it has taken more than two years to produce. The Senate inquiry’s conclusions inevitably lead to the assumption that there has been a whole lot of lying and obfuscation going on in connection with the so-called war on terror.

On May 10, 2013, John Brennan presented CIA’s response to the Senate Intelligence Committee Torture Report to the President. Official White House Photo by Pete Souza. The fight between the CIA and the Senate Intelligence Committee over the Committee’s Torture Report – which Dan Froomkin covered here – has now zeroed in on the White House. Did the White House order the CIA to withdraw 920 documents from a server made available to Committee staffers, as Senator Dianne Feinstein says the agency claimed in 2010? Were those documents – perhaps thousands of them – pulled in deference to a White House claim of executive privilege, as Senator Mark Udall and then CIA General Counsel Stephen Preston suggested last fall? And is the White House continuing to withhold 9,000 pages of documents without invoking privilege, as McClatchy reported yesterday? We can be sure about one thing: The Obama White House has covered up the Bush presidency’s role in the torture program for years. Specifically, from 2009 to 2012, the administration went to extraordinary lengths to keep a single short phrase, describing President Bush’s authorization of the torture program, secret.

As Steven Aftergood, director of the Federation of American Scientists Project on Government Secrecy, noted  in 2009 – shortly after Hayden revealed that torture started as a covert operation – this means there should be a paper trail implicating President Bush in the torture program. “[T]here should be a Presidential ‘finding’ authorizing the program,” he said, “and [] such a finding should have been provided to Congressional overseers.” The National Security Act dictates that every covert operation must be supported by a written declaration finding that the action is necessary and important to the national security. The Congressional Intelligence committees – or at least the Chair and Ranking Member – should receive notice of the finding. But there is evidence that those Congressional overseers were never told that the finding the president signed on September 17, 2001 authorized torture. For example, a letter from then ranking member of the House Intelligence Committee, Jane Harman, to the CIA’s General Counsel following her first briefing on torture asked: “Have enhanced techniques been authorized and approved by the President?” The CIA’s response at the time was simply that “policy as well as legal matters have been addressed within the Executive Branch.”

Nevertheless, the finding does exist. The CIA even disclosed its existence in response to the ACLU FOIA, describing it as “a 14-page memorandum dated 17 September 2001 from President Bush to the Director of the CIA pertaining to the CIA’s authorization to detain terrorists.” In an order in the ACLU suit, Judge Alvin K. Hellerstein confirmed that the declaration was “intertwined with” the administration’s effort to keep the language in the Tenet document hidden. When the administration succeeded in keeping that short phrase secret, all effort to release the declaration also ended.

The United States government submitted its “periodic report” to the United Nations Committee Against Torture. There are multiple glaring aspects of the government’s report on how it believes it is complying fully with the Convention Against Torture (CAT), however, one part of the report where the government claims to have done what it was supposed to do to investigate torture stands out. In particular, the government highlights a Justice Department division as a challenge to impunity for torture, which appears to have prosecuted zero public cases of torture against US officials. To those unfamiliar, countries which are signatories to the CAT are expected to submit reports every four years to the committee. The committee reviews the report and then issues its own “concluding observations” with concerns and recommendations to the “State party.”

One of the committee’s “observations” in its 2006 report involved “reliable reports of acts of torture or cruel, inhuman and degrading treatment or punishment committed by certain members of the State party’s military or civilians personnel in Afghanistan and Iraq.” It was also “concerned that the investigation and prosecution of many of these cases, including some resulting in the death of detainees,” had “led to lenient sentences, including of an administrative nature or less than one year’s imprisonment.” The committee requested that the US government explain the following in its report: (a) Steps taken to ensure that all forms of torture and ill-treatment of detainees by its military or civilian personnel, in any territory under its de facto and de jure jurisdiction, as well as in any other place under its effective control, is promptly, impartially and thoroughly investigated, and that all those responsible, including senior military and civilian officials authorizing, acquiescing or consenting in any way to such acts committed by their subordinates are prosecuted and appropriately punished, in accordance with the seriousness of the crime (para. 26). Are all suspects in prima facie cases of torture and ill-treatment as a rule suspended or reassigned during the process of investigation?

The government answered [PDF], “US law provides jurisdiction in a number of ways that could be relied on for criminal prosecution of torture and ill-treatment of detainees” and some examples. One could read this as, theoretically, if the US government wanted to prosecute US officials involved in torture, this is what is available in US law to do just that.

Yesterday the United States gave the U.N. Human Rights Committee its one year follow-up report on progress made to implement four priority recommendations made by the committee a year ago. The independent human rights experts had reviewed the United States' compliance with a major human rights treaty, the International Covenant on Civil and Political Rights (ICCPR). They found the U.S. coming up short in many areas, including accountability for torture, privacy and surveillance, Guantánamo, and gun violence. Yesterday’s disappointing 15-page submission does provide some information on Justice Department investigations regarding police misconduct, including the recent Ferguson report. But, there was nothing on accountability measures taken in the aftermath of the release of the Senate report on the CIA torture program. The need for Attorney General Eric Holder to appoint a special prosecutor remains as glaring as ever.

The submission notes that the Senate report’s 500-page executive summary was “declassified with minimal redactions to protect national security,” but it failed to commit to release the entire report (which the ACLU is currently fighting for in a FOIA lawsuit). And while the submission states that the U.S. “supports transparency and has taken steps to ensure that it never resorts to the use of those [harsh interrogation] techniques again,” there is no mention of any concrete actions taken to criminally investigate CIA torture, especially in light of the new information made public in the report about the brutality of the CIA’s methods, and its lies to Congress, the media, and the public about its torture program. Under the ICCPR and the Convention Against Torture, the U.S. has an obligation to effectively, independently, and impartially investigate all cases of unlawful killing or torture, as well as arbitrary detention or enforced disappearance. The U.S. also has an international legal obligation to appropriately prosecute perpetrators – including high-level policymakers.

The U.S. submission mentions the investigation by Justice Department prosecutor John Durham, which he closed in 2012 without any charges being filed. But, the submission fails to provide detailed information on the precise scope of Durham’s mandate. We remain concerned that the investigation may have focused on instances in which interrogators overstepped limits set by senior officials, rather than on the culpability of senior officials themselves. It also remains unclear whether investigators interviewed any prisoners who were subjected to the CIA torture program. During the November 2014 review of the United States before the U.N. Committee Against Torture in Geneva, the committee raised concerns, based on letters and accounts from torture victims or their attorneys, indicating that Durham had never interviewed any detainees. The U.S. delegation responded that it had interviewed 96 persons as part of the investigation, but it did not indicate whether any of the prisoners who were subjected to abuse and torture were amongst those interviewed.

Two psychologists, James Mitchell and Bruce Jessen, who were contracted by the CIA to develop torture techniques, agreed to a confidential settlement with torture survivors. The American Civil Liberties Union (ACLU) sued Mitchell and Jessen on behalf of Suleiman Abdullah Salim, Mohamed Ahmed Ben Soud, and the family of Gul Rahman. The lawsuit alleged the CIA contractors committed crimes that included water torture, forcing prisoners into boxes, and chaining prisoners in painful stress positions to walls.

Mitchell, Jessen, and plaintiffs agreed to release the following joint statement: Drs. Mitchell and Jessen acknowledge that they worked with the CIA to develop a program for the CIA that contemplated the use of specific coercive methods to interrogate certain detainees.” Plaintiff Gul Rahman was subjected to abuses in the CIA program that resulted in his death and in pain and suffering for his family. Plaintiffs Suleiman Abdullah Salim and Mohamed Ahmed Ben Soud were also subjected to coercive methods in the CIA program, which resulted in pain and suffering for them and their families. Plaintiffs assert that they were subjected to some of the methods proposed by Drs. Mitchell and Jessen to the CIA and stand by their allegations regarding the responsibility of Drs. Mitchell and Jessen. Drs. Mitchell and Jessen assert that the abuses of Mr. Salim and Mr. Ben Soud occurred without their knowledge or consent and that they were not responsible for those actions. Drs. Mitchell and Jessen also assert that they were unaware of the specific abuses that ultimately caused Mr. Rahman’s death and are also not responsible for those actions.” Drs. Mitchell and Jessen state that it is regrettable that Mr. Rahman, Mr. Salim, and Mr. Ben Soud suffered these abuses.

The settlement comes after Judge Justin Quackenbush denied a last-ditch effort by Mitchell and Jessen to get the lawsuit dismissed. They invoked the cases of accused Nazi war criminals to argue they should not be held responsible for the torture techniques they developed. Quackenbush was not persuaded by the contractors’ arguments and suggested a “finder of fact” might conclude that since they were at secret detention sites they “exercised significant control during individual interrogations.”

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.

End Torture, Shut Down the CIA! Written by Ron Paul Sunday July 27, 2014

Remember back in April, 2007, when then-CIA director George Tenet appeared on 60 Minutes, angrily telling the program host, “we don’t torture people”? Remember a few months later, in October, President George W. Bush saying, “this government does not torture people”? We knew then it was not true because we had already seen the photos of Iraqis tortured at Abu Ghraib prison four years earlier.   Still the US administration denied that torture was torture, preferring to call it “enhanced interrogation” and claiming that it had disrupted so many terrorist plots. Of course, we later found out that the CIA had not only lied about the torture of large numbers of people after 9/11, but it had vastly exaggerated any valuable information that came from such practices. However secret rendition of prisoners to other places was ongoing.

The US not only tortured people in its own custody, however. Last week the European Court of Human Rights found that the US government transferred individuals to secret detention centers in Poland (and likely elsewhere) where they were tortured away from public scrutiny. The government of Poland was ordered to pay hundreds of thousands of dollars in damages to two victims for doing nothing to stop their torture on Polish soil.

"I think it is a terrible report, deeply flawed," Cheney said on Fox News, his first televised interview since the report's release. "It's a classic example of where politicians get together and throw professionals under the bus." Cheney said he had not read the entire 6,000-page classified document, drafted by Democrats and their staffs on the Senate Intelligence Committee, or the 500-page declassified and redacted executive summary. But he unequivocally said its findings were flawed and an affront to members of the CIA.

“The notion that the agency was operating on a rogue basis was just a flat out lie," Cheney said. He insisted the so-called enhanced interrogation techniques were all legally justified and inconsistent with "torture," though he conceded that the practice of "rectal rehydration" mentioned in the report, "was not one of the authorized or approved techniques." Cheney said he also rejects the allegation that his boss, President George W. Bush, was kept in the dark. “He was in fact an integral part of the program. He had to approve it before we moved forward with it,“ Cheney said. “He knew everything he needed to know and wanted to know about the program."

While the brutal and graphic descriptions of the techniques have dominated headlines and been labeled "torture" by President Obama, Cheney says critics have lost sight of the context. The former vice president said he's particularly bothered by criticism over the treatment of Khalid Sheilk Mohammad, the alleged mastermind of 9/11. “He is in our possession, we know he’s the architect [of the attacks], what are we supposed to do? Kiss him on both cheeks?“ Cheney said. “How nice do you want to be to the murderers of 3,000 people on 9/11?” Asked whether the ends justify the means when it comes to brutal interrogations, Cheney said, "absolutely.” “I’d do it again in a minute,” he said.

NBC News yesterday called her a “key apologist” for the CIA’s torture program. A follow-up New Yorker article dubbed her “The Unidentified Queen of Torture” and in part “the model for the lead character in ‘Zero Dark Thirty.’” Yet in both articles she was anonymous. The person described by both NBC and The New Yorker is senior CIA officer Alfreda Frances Bikowsky. Multiple news outlets have reported that as the result of a long string of significant errors and malfeasance, her competence and integrity are doubted — even by some within the agency. The Intercept is naming Bikowsky over CIA objections because of her key role in misleading Congress about the agency’s use of torture, and her active participation in the torture program (including playing a direct part in the torture of at least one innocent detainee). Moreover, Bikowsky has already been publicly identified by news organizations as the CIA officer responsible for many of these acts.

The executive summary of the torture report released by the Senate last week provides abundant documentation that the CIA repeatedly and deliberately misled Congress about multiple aspects of its interrogation program. Yesterday, NBC News reported that one senior CIA officer in particular was responsible for many of those false claims, describing her as “a top al Qaeda expert who remains in a senior position at the CIA.” NBC, while withholding her identity, noted that the same unnamed officer “also participated in ‘enhanced interrogations’ of self-professed 9/11 mastermind Khalid Sheikh Mohammed, witnessed the waterboarding of terror suspect Abu Zubaydah and ordered the detention of a suspected terrorist who turned out to be unconnected to al Qaeda, according to the report.” The New Yorker‘s Jane Mayer, writing yesterday about the NBC article, added that the officer “is still in a position of high authority over counterterrorism at the C.I.A.” This officer, Mayer noted, is the same one who “dropped the ball when the C.I.A. was given information that might very well have prevented the 9/11 attacks; she gleefully participated in torture sessions afterward; she misinterpreted intelligence in such a way that it sent the C.I.A. on an absurd chase for Al Qaeda sleeper cells in Montana. And then she falsely told congressional overseers that the torture worked.” Mayer also wrote that the officer is “the same woman” identified in the Senate report who oversaw “the months-long rendition and gruesome interrogation of another detainee whose detention was a case of mistaken identity.”

Both news outlets withheld the name of this CIA officer even though her identity is widely known among journalists, and her name has been used by various media outlets in connection with her work at the CIA. Both articles cited requests by the CIA not to identify her, even though they provided details making her identity clear. In fact, earlier this year, The Washington Post identified Bikowsky by name, describing her as a CIA analyst “who was tied to a critical intelligence-sharing failure before the Sept. 11, 2001, attacks and the botched 2003 ‘rendition’ of an innocent German citizen thought to be an al-Qaeda operative.” That Post report led to both McClatchy and independent journalist Marcy Wheeler raising questions about the propriety of Bikowsky’s former personal lawyer, Robert Litt, playing a key role in his current capacity as a top government lawyer in deciding which parts of the torture report should be released. The McClatchy article identified Bikowsky by name as the officer who “played a central role in the bungled rendition of Khaled el-Masri. El-Masri, who was revealed to be innocent, claimed to have been tortured by the agency.” El-Masri, a German citizen who was kidnapped from Macedonia and tortured by the CIA in Afghanistan, was released in 2003 after it was revealed he was not involved in al Qaeda.

President-elect Donald Trump has backed off of one of the most controversial pledges of his campaign today, his promise to bring back torture of detainees, saying following a talk with retired Gen. James Mattis that he was told torture doesn’t work as well as building a rapport with prisoners. During the primaries, Trump emphasized his belief that the US needed to bring back waterboarding and “worse” tactics to better compete with ISIS’ own brutality. At the time, he dismissed arguments torture didn’t work on the grounds that the people being tortured “deserve it.” He also called the US ban on torture a “sign of weakness.” Though it did not figure prominently in the general election campaign, Trump was still seen to be favoring torture as part of his war plan, to the extent that Human Rights Watch was expressing concern about Trump’s intentions after the election. Gen. Mattis, who is seen as a front-runner for Secretary of Defense, told Trump that in his experience torture and abuse didn’t work well, and that he’d do better with “a pack of cigarettes and a couple of beers.” Trump cited this conversation in his statement today backing away from torture.

Assuming Trump remains swayed on the matter, this is extremely good news for America’s future human rights record, and also may bolster Mattis’ candidacy for the Defense Secretary post. Sen. John McCain (R – AZ) and others have expressed opposition to a return to torture, and being the man who talked Trump out of such a return would likely make Mattis’ nomination hearings go smoothly.

As vice president, Dick Cheney was a prime architect of the worldwide torture regime implemented by the U.S. government (which extended far beyond waterboarding), as well as the invasion and destruction of Iraq, which caused the deaths of at least 500,000 people and more likely over a million. As such, he is one of the planet’s most notorious war criminals. President Obama made the decision in early 2009 to block the Justice Department from criminally investigating and prosecuting Cheney and his fellow torturers, as well as to protect them from foreign investigations and even civil liability sought by torture victims. Obama did that notwithstanding a campaign decree that even top Bush officials are subject to the rule of law and, more importantly, notwithstanding a treaty signed in 1984 by Ronald Reagan requiring that all signatory states criminally prosecute their own torturers. Obama’s immunizing Bush-era torturers converted torture from a global taboo and decades-old crime into a reasonable, debatable policy question, which is why so many GOP candidates are now openly suggesting its use.

But now, the Obama administration has moved from legally protecting Bush-era war criminals to honoring and gushing over them in public. Yesterday, the House of Representatives unveiled a marble bust of former Vice President Cheney, which — until a person of conscience vandalizes or destroys it — will reside in Emancipation Hall of the U.S. Capitol. At the unveiling ceremony, Cheney was, in the playful words of NPR, “lightly roasted” — as though he’s some sort of grumpy though beloved avuncular stand-up comic. Along with George W. Bush, one of the speakers in attendance was Vice President Joe Biden, who spoke movingly of Cheney’s kind and generous soul

Yesterday, the U.S. government unambiguously signaled to the world that not only does it regard itself as entirely exempt from the laws of wars, the principal Nuremberg prohibition against aggressive invasions, and global prohibitions on torture (something that has been self-evident for many years), but believes that the official perpetrators should be honored and memorialized provided they engage in these crimes on behalf of the U.S. government. That’s a message that most of the U.S. media and thus large parts of the American population will not hear, but much of the world will hear it quite loudly and clearly. How could they not?

The European Parliament on Wednesday condemned the “apathy shown by member states and EU institutions” over torture in secret CIA prisons in Europe. A non-binding resolution, which passed 329-299, urged member states to “investigate, insuring full transparency, the allegations that there were secret prisons on their territory in which people were held under the CIA programme.” It also called on the European Union to undertake fact-finding missions into countries that were known to house American black sites. The resolution named Lithuania, Poland, Italy, and the United Kingdom as countries complicit in CIA operations. The Parliament also expressed “regret” that none of the architects of the U.S. torture program faced criminal charges, and that the U.S. has failed to cooperate with European criminal probes.

Despite banning torture when he came into office, President Obama has fought all attempts to hold Bush administration officials accountable, including by invoking the state secrets privilege to block lawsuits and delaying the release of the Senate Torture Report. When it was made public in 2014, the executive summary of the 6,000-page report confirmed that Poland’s former president, Aleksander Kwasniewski, signed off on the use of a CIA black site in the country, though he denied knowledge of torture. The European Court of Human Rights later issued an unprecedented ruling requiring Poland to pay $262,000 in reparations to two Guantánamo inmates who were tortured in Poland. While Obama continues to “look forward, not back,” victims of U.S. torture are increasingly looking to international courts for justice.

The European Parliament’s resolution requested that the European Commission and European Council produce a report on member states’ investigations and prosecutions by the end of June. In April, a federal judge ruled that survivors of CIA torture could sue the two psychologists who designed the CIA’s torture techniques. The case marks the first time a torture-related lawsuit against CIA employees will go to trial.

The Government Is Breaking the Law By Failing to Prosecute Torture President Ronald Reagan signed a treaty legally requiring the U.S. to prosecute everyone who authorizes torture. Specifically, the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (signed by the U.S. under Ronald Reagan) provides: 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 or 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. . . .

Article 4 1. Each State Party shall ensure that all acts of torture are offences under its criminal law. The same shall apply to an attempt to commit torture and to an act by any person which constitutes complicity or participation in torture. Article 7 1. The State Party in territory under whose jurisdiction a person alleged to have committed any offence referred to in article 4 is found, shall in the cases contemplated in article 5, if it does not extradite him, submit the case to its competent authorities for the purpose of prosecution. Article 15 Each State Party shall ensure that any statement which is established to have been made as a result of torture shall not be invoked as evidence in any proceedings, except against a person accused of torture as evidence that the statement was made. This is not some non-binding, touchy-feeley resolution … it is the law of the land.

Specifically, Article 6 of the United States Constitution dictates: This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding. On May 20, 1988 – as he was transmitting the Treaty to the Senate – Reagan said: The United States participated actively and effectively in the negotiation of the Convention. It marks a significant step in the development during this century of international measures against torture and other inhuman treatment or punishment. Ratification of the Convention by the United States will clearly express United States opposition to torture, an abhorrent practice unfortunately still prevalent in the world today. The core provisions of the Convention establish a regime for international cooperation in the criminal prosecution of torturers relying on so-called “universal jurisdiction.” Each State Party is required either to prosecute torturers who are found in its territory or to extradite them to other countries for prosecution.

The two psychologists credited with creating the brutal, post-9/11 Central Intelligence Agency (CIA) torture regime are being sued by three victims of their program on charges that include “human experimentation” and “war crimes.” The American Civil Liberties Union (ACLU) on Tuesday filed the suit against CIA contractors James Mitchell and Bruce Jessen, on behalf of torture survivors Suleiman Abdullah Salim and Mohamed Ahmed Ben Soud, as well as the family of Gul Rahman, who died of hypothermia in his cell as result of the torture he endured. The suit, which is the first to rely on the findings of the Senate Intelligence Committee report on CIA torture, charges Mitchell and Jessen under the Alien Tort Statute for “their commission of torture, cruel, inhuman, and degrading treatment; non-consensual human experimentation; and war crimes,” all of which violate international law. The pair, both former U.S. military psychologists, earned more than $80 million for “designing, implementing, and personally administering” the program, which employed “a pseudo-scientific theory of countering resistance that justified the use of torture,” that was based on studies in which researchers “taught dogs ‘helplessness’ by subjecting them to uncontrollable pain,” according to the suit.

“These psychologists devised and supervised an experiment to degrade human beings and break their bodies and minds,” said Dror Ladin, a staff attorney with the ACLU National Security Project. “It was cruel and unethical, and it violated a prohibition against human experimentation that has been in place since World War II.” In a lengthy report, the ACLU describes each plaintiff’s journey.

According to the report, the torture regime designed and implemented by Mitchell and Jessen “ensnared at least 119 men, and killed at least one—a man named Gul Rahman who died in November 2002 of hypothermia after being tortured and left half naked, chained to the wall of a freezing-cold cell.” Gul’s family has never been formally notified of his death, nor has his body been returned to them for a dignified burial, the ACLU states. Further, no one has been held accountable for his murder. But the report notes, “An unnamed CIA officer who was trained by Jessen and who tortured Rahman up until the day before he was found dead, however, later received a $2,500 bonus for ‘consistently superior work.’” The ACLU charges that the theories devised by Mitchell and Jessen and employed by the CIA, “had never been scientifically tested because such trials would violate human experimentation bans established after Nazi experiments and atrocities during World War II.” Yet, they were the basis of “some of the worst systematic brutality ever inflicted on detainees in modern American history.” Despite last year’s release of the Senate Torture Report, the government has prosecuted only a handful of low-level soldiers and one CIA contractor for prisoner abuse. Meanwhile, the architects of the CIA’s torture program, which include Mitchell and Jessen, have escaped any form of accountability.

It is early on in Abu Zubaydah’s time at a CIA black site. He insists to his interrogators that he has no additional information on jihadist operations planned against the US, but his captor won’t stop slapping him. Eventually a hood is placed over Zubaydah's head and he is placed into a confinement box by unseen security officers. He is told this is his new home until he’s prepared to provide information on operations against the US.Several physically stressful hours in the confinement box fail to elicit any intelligence, so Zubaydah’s captors place him in an even smaller box. He makes painful groans and is forced to scoot out of the box on his hindquarters when he’s finally allowed out. He is immediately made to stand and backed up against a wall. Two interrogators begin to double-team him with rapid-fire questions. Zubaydah is told that if he does not cooperate, he will only bring more misery on himself. Again he denies having any additional knowledge, but this time, he isn’t slapped. Instead, Zubaydah is hooded and a water board is brought into the cell.Zubaydah is the first post-9/11 detainee to be waterboarded, and this is his first session. He coughs and vomits. The waterboarding lasts for over two hours, but he still insists he does not have any additional information beyond that which he already provided to the FBI. He is then put into the larger confinement box, where he spends the rest of the evening. The interrogation process resumes in the morning: more slapping, zero new information, and more time in the smaller box.This was a summary of CIA documents obtained by AlterNet’s Grayzone Project. The records were originally obtained by Zubaydah’s defense team through the discovery process and were provided to me by a source familiar with the case who considered their publication critical to the public’s understanding of Zubaydah’s treatment. The vast majority of the documents have not been available to the public prior to this story.

As clinically detailed as they are gut-wrenching, the documents comprise hundreds of pages on the interrogation of Zubaydah, perhaps Guantanamo Bay’s most famous detainee. The files revealed here have renewed significance as Zubaydah has decided to testify about conditions at Guantanamo Bay despite the likelihood that it will imperil his legal situation. The records also highlight the methods of psychologist James Mitchell, a top architect of the CIA’s “enhanced interrogation program.” Though Mitchell had previously worked as an Air Force psychologist, the Senate “Torture Report” noted that he had no prior experience as an interrogator. Mitchell’s private contracting company had received over $80 million from the CIA by the time their contract was terminated in 2009. The contract was terminated because, as the CIA Inspector General put it, there was no reason to believe Mitchell’s interrogation techniques were effective or even safe.Mitchell and the US government originally believed Zubaydah to be a top leader of Al Qaeda who had knowledge of imminent plots against the US; however, the government would later concede that Zubaydah was never an Al Qaeda leader but still contend that he poses a threat. According to the US government, Zubaydah "possibly" knew in advance about the bombing of the USS Cole in 2000 and attacks on American embassies in Africa in 1998.After his capture in Pakistan in 2002, Zubaydah was held in CIA black sites for four years where he was subjected to extended torture so intense he lost his left eye. Following his first waterboarding, he was subjected to the same form of torture 82 times. It is unclear the brutal methods applied to Zubaydah’s body elicited any valuable intelligence.

MEMORANDUM FOR: Sen. Dianne Feinstein, Vice Chairman, Senate Select Committee on Intelligence FROM: Veteran Intelligence Professionals for Sanity SUBJECT: U.S. Media Mum On How Your Committee Faced Down Both CIA and Obama We write to thank you for your unwavering support for your extraordinarily courageous and tenacious staff in (1) investigating CIA torture under the Bush/Cheney administration and (2) resisting CIA/White House attempts under the Obama administration to cover up heinous torture crimes like waterboarding.

With well over 400 years of intelligence experience under our collective belt, we wondered how you managed to get the investigation finished and the executive summary up and out (though redacted). We now know the backstory – thanks to the unstinting courage of the committee’s principal investigator Daniel Jones, who has been interviewed by Spencer Ackerman, an investigative reporter for The (UK) Guardian newspaper. The titanic struggle depicted by Ackerman reads like a crime novel; sadly, the four-part series is nonfiction: I. “Senate investigator breaks silence about CIA’s ‘failed coverup’ of torture report” II. “Inside the fight to reveal the CIA’s torture secrets” III. ” ‘A constitutional crisis’: the CIA turns on the Senate” IV. “No looking back:  the CIA torture report’s aftermath“

Remarkably, a full week after The Guardian carried Ackerman’s revelations, none has been picked up by U.S. “mainstream” newspapers. Not the New York Times, the Wall Street Journal, the Washington Post – not even The Hill. (As for alternative media, Charles P. Pierce’s timely piece for Esquire whetted his readers’ appetite for the gripping detail of the Guardian series, explaining that it would be “unfair both to Ackerman’s diligence and Jones’s courage” to try to summarize even just the first installment. “Read the whole damn thing,” Pierce advises.)

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.

On your second day in office, you led the country forward by issuing executive orders banning torture and other forms of abusive interrogation. Many of us were in the Oval Office that day, proud to stand behind you as you signaled an end to the misguided policies of the post-9/11 period. As retired generals and admirals, we have worked since that day to build a stronger, more durable consensus against torture in our country so that, at a future moment when our nation is tested, the American people will reject calls to resort to such abuses. We welcomed your public support for declassification of the Senate Select Intelligence Committee’s study on the CIA’s rendition, detention, and interrogation program. We believe that the American people must understand fully what the program entailed, how it came to be, and what was gained—and lost— because of it. We write to you today because we believe your strong record against torture is being undermined by members of your own administration. In part because there has been so little transparency about the torture program, some former government officials continue to claim that so-called “enhanced” interrogation techniques were necessary to disrupt terrorist plots and save lives. Now one of the key proponents of this false narrative that “torture works,” the former CIA director George Tenet, is reportedly coordinating with the current leadership of the CIA to discredit the Senate intelligence committee’s report. CIA Director John Brennan recently told the Wall Street Journal that he plans to "take issue” with parts of the report that he “believe[s] are inaccurate or misleading."

It is understandable that current and former employees of the CIA feel protective of the agency’s reputation and embarrassed by what the Senate study contains. The U.S. military’s examination of torture in its ranks after the Abu Ghraib scandal was painful; it was also necessary to the health of the institution. The stakes are too high to allow the intelligence community to circle the wagons and launch a concerted campaign to undermine the report’s credibility. Ultimately, an American public that understands the high costs of torture is the best guarantee against a future president rescinding your executive order and treating torture as a viable policy option. There is no substitute for leadership from the top on an issue like this. You have set the direction for your administration that torture is unacceptable. But for that leadership to have a lasting impact on the direction of our country, beyond your administration, you must act to ensure that Americans learn the right lessons from our past. We urge you to make clear in no uncertain terms that you expect CIA Director John Brennan to support an expansive declassification of the report and an honest reckoning with its findings.

Comey is lionised in DC for one challenge over liberties. Yet he backed waterboarding, wire-tapping and indefinite detention

It had the air of Hollywood. On the night of 10 March 2004, James Comey, the nominee to lead the FBI for the next ten years, rushed to the hospital bedside of his terribly ill boss, Attorney General John Ashcroft.There, he eventually confronted White House Chief of Staff Andrew Card and White House Counsel Alberto Gonzales, who were trying to get the pancreatitis-stricken Ashcroft to renew a still secret and illegal surveillance program on Americans' electronic communications. Neither Ashcroft nor Comey, then acting attorney general because of Ashcroft's condition, would reauthorize the program. When Gonzales authorized the program to go forward without a Justice Department certification, Comey threatened to resign, along with his staff and FBI Director Robert Mueller.The threats worked: President Bush blinked, and Comey won modifications to the secret surveillance program that he felt brought it into compliance with the law. This event, now the stuff of DC legend, has solidified Comey's reputation as a "civil liberties superhero", in the words of CNN's Jake Tapper, and may be one of the reasons President Obama nominated him Friday to be the next director of the FBI.

There's one very big problem with describing Comey as some sort of civil libertarian: some facts suggest otherwise. While Comey deserves credit for stopping an illegal spying program in dramatic fashion, he also approved or defended some of the worst abuses of the Bush administration during his time as deputy attorney general. Those included torture, warrantless wiretapping, and indefinite detention.On 30 December 2004, a memo addressed to James Comey was issued that superseded the infamous memo that defined torture as pain "equivalent in intensity to the pain accompanying serious physical injury, such as organ failure". The memo to Comey seemed to renounce torture but did nothing of the sort. The key sentence in the opinion is tucked away in footnote 8. It concludes that the new Comey memo did not change the authorizations of interrogation tactics in any earlier memos.In short, the memo Comey that approved gave a thumbs-up on waterboarding, wall slams, and other forms of torture – all violations of domestic and international law.

Over a year ago, the Senate Intelligence Committee voted to adopt a historic, 6,000-page report which contains “startling details” about CIA misdeeds related to its torture program. The report, which cost $40 million to produce and appears to pose no national security threats, has been set for release since December 13, 2012. However, it has yet to see the light of day. The reason: the Obama administration continues to suppress its release, apparently for no reason other than to protect the reputations of the guilty. Per The Atlantic‘s Conor Friedersdorf:

[Over a year ago], the Senate Intelligence Committee voted to adopt a 6,000-page report on the CIA rendition, detention, and interrogation program that led to torture. Its contents include details on each prisoner in CIA custody, the conditions of their confinement, whether they were tortured, the intelligence they provided, and the degree to which the CIA lied about its behavior to overseers. Senator Dianne Feinstein declared it one of the most significant oversight efforts in American history, noting that it contains “startling details” and raises “critical questions.” But all these months later, the report is still being suppressed. The Obama Administration has no valid reason to suppress the report. Its contents do not threaten national security, as evidenced by the fact that numerous figures who normally defer to the national-security state want it released with minor redactions. The most prominent of all is Vice President Joe Biden. The Center for Victims of Torture, in advocating for the public’s right to fully understand the CIA’s lawless torture program during the Bush administration, has procured the signatures of 58 national security experts and officials. These signatures include U.S. senators, former Obama administration officials and retired military leaders. President Obama once promised that his White House would be the most transparent in history, and went so far in February to claim that such is indeed the case. This most-transparent-ever administration is now

marking the CIA report as classified, determined “to keep secret the most thorough accounting we have of the agency’s lawless, immoral behavior.” Is President Obama bowing to factions within the CIA? Shielding the powerful from rebuke during his own illegal drone program? Protecting past criminals as a down payment on future investigations? To answer those questions would be to speculate. However, what is known is this: if we don’t fully understand those CIA abuses perpetrated in the name of the State and national security, we are more likely to allow those abuses to happen again.