Contents: The Sir! No Sir! blog is an information clearing house, drawing on a wide variety of sources, to track the unfolding history of the new GI Movement, and the wars that brought the movement to life.
Where applicable, parallels will be drawn between the new movement and the Vietnam era movement which was the focus of the film Sir! No Sir!
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Accountability for torture
Although much has been revealed about the Bush administration's torture program, those in the upper echelons of the administration who conceived of, crafted, and approved the program have almost entirely escaped accountability. The graphic below diagrams the participation of these high-level officials in the torture program based upon publicly available documents.
The abuses committed as a result of the torture program are serious, and the publicly available evidence of senior involvement is considerable and still mounting. It is important to remember, however, that the full story has yet to be told. The government continues to suppress countless, important documents revealing even more about the genesis of the torture program. Uncovering the full extent of the program is paramount now as we, as a nation, move beyond the troubling past and reformulate interrogation policies for a more hopeful future.
This list, compiled by David Swanson, was published by After Downing Street
Compiled below, in hopes that it may be of some assistance to Eric Holder, John Conyers, Patrick Leahy, active citizens, foreign courts, the International Criminal Court, law firms preparing civil suits, and local or state prosecutors with decency and nerve is a list of 50 top living U.S. war criminals. These are men and women who helped to launch wars of aggression or who have been complicit in lesser war crimes. These are not the lowest-ranking employees or troops who managed to stray from official criminal policies. These are the makers of those policies.
The occupations of Iraq and Afghanistan have seen the United States target civilians, journalists, hospitals, and ambulances, use antipersonnel weapons including cluster bombs in densely settled urban areas, use white phosphorous as a weapon, use depleted uranium weapons, employ a new version of napalm found in Mark 77 firebombs, engage in collective punishment of Iraqi civilian populations -- including by blocking roads, cutting electricity and water, destroying fuel stations, planting bombs in farm fields, demolishing houses, and plowing down orchards -- detain people without charge or legal process without the rights of prisoners of war, imprison children, torture, and murder.
The list below does not include those responsible for war crimes prior to 2001. Nor does it include those currently in power who are making themselves complicit by failing to prosecute or cease commission of these crimes. The list could be greatly expanded. It could also be narrowed. I would argue, however, that it presents a more reasonable starting place than Holder's reported proposal to investigate only CIA employees who failed to comply with criminal torture policies, of whom there are no doubt more than 50.
Because each of the people on this list should be nonviolently protested everywhere they go (more on that below), I have organized them by location. Please post updates on where they are as comments at http://afterdowningstreet.org/warcriminals CALIFORNIA 1. John Yoo: Professor of Law at Boalt Hall School of Law in Berkeley, California, with house at 1241 Grizzly Peak Blvd., Berkeley, (but a lawyer with the Pennsylvania bar from which he should be disbarred and would be if enough people demanded it) counseled the White House on how to get away with war crimes, wrote this memo promoting presidential power to launch aggressive war, and claimed the power to decree that the federal statutes against torture, assault, maiming, and stalking do not apply to the military in the conduct of the war, and to announce a new definition of torture limiting it to acts causing intense pain or suffering equivalent to pain associated with serious physical injury so severe that death, organ failure or permanent damage resulting in loss of significant body functions will likely result. Yoo claimed in 2005 that a president has the right to enhance an interrogation by crushing the testicles of someone's child. Yoo has been confronted in his classroom: video, and defended by the Washington Post, and again confronted in the classroom.
Additional collaborators: 2. Robert J. Delahunty, Yoo colleague, should be disbarred in NY 3. Patrick F. Philbin, Yoo colleague, Deputy, should be disbarred in D.C. and MA 4. Jay Bybee: federal judge on the United States Court of Appeals for the Ninth Circuit, headquartered in San Francisco, California (but Bybee based in Las Vegas), counseled the White House on how to get away with war crimes, including by helping Yoo draft the memo linked above. He signed not only torture memos but also a memo purporting to legalize illegal and unconstitutional wars. BYBEE SHOULD BE IMPEACHED. He works, among other places, at the James R. Browning Courthouse, 95 7th Street, San Francisco, CA 94103, -- This is a giant marble building in the center of the city represented in Congress by the Speaker of the House. 5. William J. "Jim" Haynes, II: was General Counsel to the Department of War ("Defense"). He is now Chief Corporate Counsel at the Chevron Corporate Office in San Ramon, California. He counseled the White House on how to get away with war crimes, including by drafting memos for Yoo. Works at Chevron Headquarters, 6001 Bollinger Canyon Road, San Ramon, CA 94583. Member of bar in GA, NC, DC.
More collaborators: 6. Major General (Ret.) Michael E. Dunlavey, (now Judge, Erie County Court, Common Pleas, Erie, PA 7. Diane Beaver, top military lawyer at Gitmo 8. Jack Landman Goldsmith, III, [the illegal transfer memo in March 2004], DoD General Counsel's Office at Pentagon 9. Ms. Eliana Davidson, International Law Division, Office of the General Counsel, Office of the Secretary of "Defense" 10. Colin Powell: strategic limited partner with Kleiner, Perkins, Caufield & Byers, a Silicon Valley venture capital firm, appears as a speaker in a series of motivational events called Get Motivated, board member of Revolution Health and of the Council on Foreign Relations, took part in White House meetings personally overseeing and approving torture by authorizing the use of specific torture techniques including waterboarding on specific people, lied to the United Nations about the grounds for war in a failed attempt to legalize a war of aggression, and was in fact a leading liar in making the false case for an illegal war of aggression. NEW YORK 11. Henry Kissinger: lives in Kent, Connecticut, and works at Kissinger Associates, 350 Park Avenue, New York, N.Y., had a resume envied by other war criminals long before he advised George W. Bush to commit war crimes. Here's a partial list of his crimes. 12. Nicholas E. Calio: Citigroup's Executive Vice-President for Global Government Affairs served as a member of the White House Iraq Group (WHIG) which planned the marketing of an illegal war of aggression on the basis of lies 13. Michael Mukasey: works in New York, N.Y. Some of his crimes are detailed at DisbarTortureLawyers.com. TEXAS 14. George W. Bush: lives at 10141 Daria Place, Dallas, Texas. His crimes are described at http://afterdowningstreet.org/bush and at War Criminals Watch and at The 13 people who made torture possible. 15. Karen Hughes: lives in Austin, Texas, served as a member of the White House Iraq Group (WHIG) which planned the marketing of an illegal war of aggression on the basis of lies. 16. Paul Bremmer lives in Chester, Vermont, and also works in Austin, Texas. His crimes are listed at War Criminals Watch WASHINGTON, D.C. 17. Dick Cheney: The former vice president lives nextdoor to CIA headquarters at 1126 Chain Bridge Road, McLean, Va. His crimes are documented at http://impeachcheney.org and at The 13 people who made torture possible and at War Criminals Watch. 18. John Rizzo: The General Counsel for the CIA (then and now) works nextdoor to Dick Cheney's house at the headquarters of the CIA in McLean, Va. His crimes are described in The 13 people who made torture possible.
More collaborators: 19. Robert Eatinger, CIA lawyer 20. Steven Hermes, CIA's National Clandestine Service (NCS) 21. Paul Kelbaugh, Deputy Legal Counsel, CTC, CIA 22. Steven Bradbury: also of McLean, Va., is described along with his crimes at SourceWatch, DisbarTortureLawyers.com, and The 13 people who made torture possible. 23. David Addington: was chief of staff to Dick Cheney in Washington, D.C., counseled the White House on how to get away with war crimes, including by helping Yoo draft the memo linked above, and drafted signing statements for Bush declaring the right to violate laws redundantly banning war crimes including torture and the construction of permanent bases in Iraq and efforts to control Iraq's oil. Lives at 103 W Maple Street, Alexandria, VA 22301-2605 -- This is a few blocks from the King Street Metro Stop. 24. Condoleezza Rice: served as Secretary of State in Washington, D.C., and can be found frequenting shoe stores, served as a member of the White House Iraq Group (WHIG) which planned the marketing of an illegal war of aggression on the basis of lies, took part in White House meetings personally overseeing and approving torture by authorizing the use of specific torture techniques including waterboarding on specific people, lied about mushroom clouds, and was in fact a leading liar in making the false case for an illegal war of aggression. 25. Donald Rumsfeld: lives in Washington, D.C., and at former slave-beating plantation "Mount Misery" on Maryland's Eastern Shore near St. Michael's and a home belonging to Dick Cheney, as well as at an estate outside Taos, New Mexico. He took part in White House meetings personally overseeing and approving torture by authorizing the use of specific torture techniques including waterboarding on specific people, and was in fact a leading liar in making the false case for an illegal war of aggression, and pushed for wars of aggression for years as a participant in the Project for a New American Century. 26. George Tenet: Distinguished Professor in the Practice of Diplomacy at Georgetown University in Washington, D.C., took part in White House meetings personally overseeing and approving torture by authorizing the use of specific torture techniques including waterboarding on specific people, oversaw the Central Intelligence Agency as it engaged in illegal renditions, detentions, torture, murder, and coverups of crimes, as well as helping to build a false case for an illegal war of aggression. 27. John Ashcroft: has his own lobbying company through which to profit from his government connections: The Ashcroft Group, LLC, 1399 New York Avenue, N.W., Suite 950, Washington, DC 20005, Phone: 202.942.0202, Fax: 202.942.0216, email@example.com took part in White House meetings personally overseeing and approving torture by authorizing the use of specific torture techniques including waterboarding on specific people. 28. Alberto Gonzales: has hired a criminal-defense lawyer George Terwilliger, partner at White & Case, to defend him, while others have created a trust fund to help pay for his legal expenses, meanwhile Gonzales has been unable to find work as a lawyer himself, so his income comes from speaking engagements, then White House counsel, wrote a memo on January 25, 2002. It explained that under the 1996 War Crimes Act, U.S. officials might be prosecuted for violating the Geneva Conventions for actions in Afghanistan (and future parts of the "war on terror"), with penalties up to and including death. He suggested that Bush declare that the Taliban and Al Qaeda weren't covered by Geneva, to be on the safe side. Bush did so. Gonzo now has a job at Texas Tech, but not teaching law. Help this effort to boot him! Remember that we drove him out of office by almost impeaching him. 29. Paul Wolfowitz: lives in Chevey Chase, Maryland, and is a visiting scholar at the American Enterprise Institute in Washington, D.C., advocated illegal war of aggression, and pushed for wars of aggression for years as a participant in the Project for a New American Century. 30. Doug Feith: serves on the faculty of the Edmund A. Walsh School of Foreign Service at Georgetown University in Washington, D.C., as a Professor and Distinguished Practitioner in National Security Policy, manufactured, cherry picked, and distorted information, and pressured others to do the same, to help build a false case for an illegal war of aggression, and advocated early and openly for an illegal war of aggression against a "non-al qaeda target." Also works at Hudson Institute, 1015 15th Street, N.W., 6th Floor, Washington, DC 20005, three blocks from the White House. 31. Elliot Abrams: served as Deputy National Security Advisor for Global Democracy Strategy in Washington, D.C., and wherever he can do the most damage around the world, was a well-established war criminal even before he pushed for wars of aggression for years as a participant in the Project for a New American Century, helped to build a false case for attacking Iraq, and supported a failed coup attempt in Venezuela. 32. Karl Rove: owns million dollar houses in Washington, D.C., and Florida, and works for Fox News, Newsweek, and the Wall Street Journal when not testifying to congressional committees or federal prosecutors about his numerous unindicted non-war crimes. He served as a member of the White House Iraq Group (WHIG) which planned the marketing of an illegal war of aggression on the basis of lies, and took part in exposing an undercover agent as retribution for exposing one of WHIG's lies.
(According to Star80 at DemocraticUnderground, Rove "can be found stuffing his fat pasty little face with crab meat at Cafe 30A in Santa Rosa Beach FL: http://www.cafethirtya.com - 3899 East County Highway 30A Santa Rosa Beach FL 32459.")
(Citizens arrest of Rove attempted in Iowa, and in California, and in New York.) 33. I. Lewis Libby: lives in McLean, Virginia, and has been disbarred in Washington, D.C., and Pennsylvania, served as a member of the White House Iraq Group (WHIG) which planned the marketing of an illegal war of aggression on the basis of lies, took part in exposing an undercover agent as retribution for exposing one of WHIG's lies, has already been convicted of obstruction of justice for interfering with investigation, and pushed for wars of aggression for years as a participant in the Project for a New American Century. 34. Mary Matalin: married to James Carville, both of them addicted to Washington, D.C., served as a member of the White House Iraq Group (WHIG) which planned the marketing of an illegal war of aggression on the basis of lies. 35. Stephen Hadley: served as National Security Advisor to the President in Washington, D.C., served as a member of the White House Iraq Group (WHIG) which planned the marketing of an illegal war of aggression on the basis of lies, and took part in exposing an undercover agent as retribution for exposing one of WHIG's lies. 36. James R. Wilkinson: worked for Bush as Deputy National Security Advisor for Communications in Washington, D.C., served as a member of the White House Iraq Group (WHIG) which planned the marketing of an illegal war of aggression on the basis of lies. 37. John Bolton: lives in Bethesda, Maryland, is a member of a Lutheran Church, works for the law firm Kirkland and Ellis LLP, 655 Fifteenth Street, N.W., Washington, D.C. 20005-5793, T: +1 202-879-5000, F: +1 202-879-5200, is associated with the American Enterprise Institute, Jewish Institute for National Security Affairs, Institute of East-West Dynamics, National Rifle Association, US Commission on International Religious Freedom, and the Council for National Policy, helped to launch an illegal war of aggression by disseminating false claims through the State Department while he was under-secretary of state for arms control, and pushed for wars of aggression for years as a participant in the Project for a New American Century. 38. Michael Chertoff: works in Washington, D.C. Some of his crimes are detailed at DisbarTortureLawyers.com. 39. Timothy Flanigan: works in Washington, D.C. Some of his crimes are detailed at DisbarTortureLawyers.com. 40. Alice Fisher: works in Washington, D.C. Some of her crimes are detailed at DisbarTortureLawyers.com. 41. John Bellinger works in Washington, D.C. His crimes are listed at War Criminals Watch. 42. John Negroponte works in Washington, D.C. His crimes are listed at War Criminals Watch. 43. Jonathan Fredman was a top torture lawyer under John Rizzo at the CIA: details. 44. Scott Muller was general counsel at the CIA: details. 45. Kyle D. "Dusty" Foggo was instrumental in setting up illegal secret prisons. NEBRASKA: 46. Andrew Card works in Omaha, NE. His crimes are listed at War Criminals Watch. AFGHANISTAN: 47. Stanley McChrystal has been promoted as reward for his war crimes. UNKNOWN LOCATION:
48. James Mitchell: From The 13 people who made torture possible:
Even while Addington, Gonzales and the lawyers were beginning to build the legal framework for torture, a couple of military psychologists were laying out the techniques the military would use. James Mitchell, a retired military psychologist, had been a leading expert in the military's SERE program. In December 2001, with his partner, Bruce Jessen, Mitchell reverse-engineered SERE techniques to be used to interrogate detainees. Then, in the spring of 2002, before OLC gave official legal approval to torture, Mitchell oversaw Abu Zubaydah's interrogation. An FBI agent on the scene describes Mitchell overseeing the use of "borderline torture." And after OLC approved waterboarding, Mitchell oversaw its use in ways that exceeded the guidelines in the OLC memo. Under Mitchell's guidance, interrogators used the waterboard with "far greater frequency than initially indicated" -- a total of 183 times in a month for Khalid Sheikh Mohammed and 83 times in a month for Abu Zubaydah.
More on Mitchell and Jessen. 49. Tommy Franks: His crimes are listed at War Criminals Watch. 50. Michael Hayden: His crimes are listed at War Criminals Watch. Heck, let's make it a full deck of 52, by including Bruce Jessen mentioned above and Erik Prince of Blackwater.
*** No Justice, No Peace Judge's comment on Rove's citizen arrest in Iowa: "It's about time."
We encourage you to nonviolently protest these people and insist that they be given what so many of them have denied others: a fair trial. We encourage you to attempt to make citizen's arrests, after consulting lawyers and learning how to avoid any unnecessary criminal risk to yourselves. It is possible to confront a war criminal at a public event and announce a "citizen's arrest!" without actually touching (or handcuffing) the criminal.
You may want to avoid announcing that you're coming, because the war criminal may choose to escape.
Your team should include one or more people who can produce an excellent video and be extremely fast in editing and posting it online. Your team should ideally include a lawyer. And, of course, people who can read the charges and question the suspect. Everyone on your team should be able to keep a secret while you're planning your arrest or protest.
Read the war criminal their rights, rights they have denied others:
"You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to have an attorney present during questioning. If you cannot afford an attorney, one will be appointed for you."
Read the war criminal the charges against them.
Ask the war criminal if they would like to say anything.
Once you have good video footage, your top priority becomes immediately getting it edited (if necessary) and online.
If possible, turn the war criminal over to the police.
Pass out flyers to passersby.
Send statement to the media and/or have the media present.
Consult a lawyer to avoid unnecessary risks of violating laws while enforcing the law. According to Wikipedia, "A citizen's arrest is an arrest made by a person who is not a sworn law enforcement official. In common law jurisdictions, the practice dates back to medieval England and the English common law, when sheriffs encouraged ordinary citizens to help apprehend law breakers. Despite the title, the arresting person does not usually have to be a citizen of the country where he is acting, as they are usually designated as any person with arrest powers.... Each state with the exception of North Carolina permits citizen arrests if the commission of felony is witnessed by the arresting citizen... The application of state laws varies widely with respect to ... felonies not witnessed by the arresting party. American citizens do not carry the authority or enjoy the legal protections of police, and are held to the principle of strict liability before the courts of civil- and criminal law including but not limited to any infringement of another's rights. Though North Carolina General Statutes have no provision for citizen's arrests, detention by private persons is permitted and apply to both civilians and police officers outside their jurisdiction. Detention, being different from an arrest in the fact that a detainee may not be transported without consent, is permitted where probable cause exists that one has committed a felony, breach of peace, physical injury to another person, or theft or destruction of property ... A person who makes a citizen's arrest could risk exposing himself to possible lawsuits or criminal charges (such as charges of impersonating police, false imprisonment, kidnapping, or wrongful arrest) if the wrong person is apprehended or a suspect's civil rights are violated." In the case of the war criminals we propose detaining, they are most if not all public figures and we have all witnessed their felonies, as detailed above.
Be prepared to post your video online in multiple places: Youtube, Google, and After Downing Street.
Known upcoming public appearances of war criminals who should be protested and citizen arrested: List. Map. See also: War Criminals Watch.
For more on holding the biggest criminals accountable, see http://prosecutebushcheney.org *****
See also: "Crimes and Misdemeanors: Slate's interactive guide: Who in the Bush administration broke the law, and who could be prosecuted?" by Emily Bazelon, Kara Hadge, Dahlia Lithwick, and Chris Wilson. This guide includes some of those complicit in crimes other than war crimes, such as DOJ hirings and firings, destruction of CIA tapes, and illegal spying. (Of course, Karl Rove shows up in every part of every list.)
This article, by Jason Leopold, was posted to the Public Record, March 31, 2009
Doug Feith, the former Undersecretary of Defense for Policy, is best known for cooking up bogus prewar Iraq intelligence linking Iraq and al-Qaeda and 9/11.
But in addition to his duties to his duties stove piping phony intelligence directly to former Vice President Dick Cheney, Feith was also a key member of a small working group of Defense Department officials who oversaw the implementation of “enhanced interrogation techniques” at Guantanamo Bay that has been widely regarded as torture.
Last weekend, Spain’s investigating magistrate Baltasar Garzon, who issued an arrest warrant for former Chilean dictator Augusto Pinochet in 1998, ordered prosecutors to investigate Feith and five other senior Bush administration officials for sanctioning torture at the prison facility.
On Sunday, Feith responded to the charges. He told the BBC he that "the charges as related to me make no sense.”
"They criticize me for promoting a controversial position that I never advocated," Feith claimed. But Feith’s denials ring hollow.
The allegations against Feith contained in the 98-page complaint filed in March 2008 by human rights lawyer Gonzalo Boye and the Association for the [Dignity] was largely gleaned from a lengthy interview Feith gave to international attorney and University College London professor Phillpe Sands. Sands is the author of “Torture Team: Rumsfeld's Memo and the Betrayal of American Values.
The other Bush officials named in the complaint are: former Justice Department attorneys John Yoo and Jay Bybee, Alberto Gonzales, Cheney’s counsel David Addington, and former Pentagon general counsel William Haynes, II. The charges cited in the complaint against these officials was also largely based on material Sands cited in his book about the roles they played in sanctioning torture.
Last year, in response to questions by Armed Services Committee Chairman Carl Levin, Condoleezza Rice, who, as National Security Adviser, was part of a working group that included Haynes, Yoo, Addington and Gonzales, said interrogation methods were discussed as early as the summer of 2002 and Yoo provided legal advice at “several” meetings that she attended. She said the DOJ’s advice on the interrogation program “was being coordinated by Counsel to the President Alberto Gonzales.”
Yoo met with Gonzales and Addington to discuss the subjects he intended to address in two August 2002 torture memos, according to a declassified summary of the Armed Services Committee report. Feith’s was also included in the discussions.
Sands wrote that as early as 2002, “Feith’s job was to provide advice across a wide range of issues, and the issues came to include advice on the Geneva Conventions and the conduct of military interrogations.”
Feith told Sands that he “played a major role in” George W. Bush’s decision to sign a Feb. 7, 2002 action memorandum suspending the Geneva Conventions for al-Qaeda and Taliban prisoners who were imprisoned at Guantanamo Bay.
The memo did say that prisoners had to be treated “humanely,” but Feith told Sands the verbiage needed “to be fleshed out.” “But it’s a fine phrase—‘humane treatment,’” Feith added. Still, even with the phrase intact, the Common Article 3 restrictions against torture and “outrages upon personal dignity” were removed. Feith said 2002 was a special year for him.
“This year I was really a player,” Feith told Sands.
“I asked him whether, in the end, he was at all concerned that the Geneva decision might have diminished America’s moral authority,” Sands wrote. “He was not. ‘The problem with moral authority,’ [Feith] said, was ‘people who should know better, like yourself, siding with the assholes, to put it crudely.’”
“Douglas Feith had a long-standing intellectual interest in Geneva, and for many years had opposed legal protections for terrorists under international law” Sands wrote in his book. “He referred me to an article he had written in 1985, in The National Interest, setting out his basic view. Geneva provided incentives to play by the rules; those who chose not to follow the rules, he argued, shouldn’t be allowed to rely on them, or else the whole Geneva structure would collapse. The only way to protect Geneva, in other words, was sometimes to limit its scope. To uphold Geneva’s protections, you might have to cast them aside.”
In addition to Sands’ account, the Senate Armed Services Committee and the American Civil Liberties Union have released documents showing that Haynes regularly briefed Feith about a list of aggressive interrogation techniques for use against “high-value” Guantanamo detainees.
According to an executive summary of the Armed Services Committee report released last December, “techniques such as stress positions, removal of clothing, use of phobias (such as fear of dogs), and deprivation of light and auditory stimuli were all recommended for approval.”
In November 2002, Haynes sent Secretary of Defense Donald Rumsfeld a memo stating that he “had discussed the issue [of enhanced interrogations] with Deputy Secretary of Defense Paul Wolfowitz, Under Secretary of Defense for Policy Doug Feith, and General [Richard] Myers and that he believed they concurred in his recommendation.”
The Senate Armed Services Committee is expected to release a declassified version of its report that will include a full account of Feith’s role in implementing a policy of torture at Guantanamo. The report is 200 pages, contains 2,000 footnotes, and will reveal a wealth of new information about the genesis of the Bush administration's interrogation policies, according to these sources. The investigation relied upon the testimony of 70 people, generated 38,000 pages of documents, and took 18 months to complete.
Other documents released last year show that Feith worked closely with Pentagon general counsel William Haynes II in 2002 on an Army and Air Force survival-training program called Survival, Evasion, Resistance and Escape (SERE), which were meant to prepare U.S. soldiers for abuse they might suffer if captured by an outlaw regime, against detainees at Guantanamo. One of the SERE techniques used against detainees was waterboarding.
Moreover, Feith and Haynes were members of a Pentagon "working group" that met from January through March 2003 and prepared a report for Rumsfeld stating what methods military interrogators could use to extract information from a prisoner at Guantanamo. Yoo worked on the legal memo for the group.
Early drafts of the report advocated intimidating prisoners with dogs, removing prisoners' clothing, shaving their beards, slapping prisoners in the face and waterboarding.
Though some of the more extreme techniques were dropped as the list was winnowed down to 24 from 35, the final set of methods still included tactics for isolating and demeaning a detainee, known as "pride and ego down."
Such degrading tactics violated the Geneva Convention, which bars abusive or demeaning treatment of captives.
Rumsfeld signed the Feith’s and Haynes final report on April 2, 2003, two weeks after Bush ordered U.S. forces to invade Iraq.
One year later, photos depicting U.S. soldiers abusing and humiliating detainees at Abu Ghraib prison in Iraq were publicly released.
According to a report by a panel headed by James Schlesinger on the Abu Ghraib prisoner abuses in 2004, Lt. Gen. Ricardo S. Sanchez said Bush’s Feb. 7, 2002, memo suspending Geneva Conventions, which Feith had said he was principally responsible for, led him to implement "additional, tougher measures" against detainees.
This article, by Jason Leopold, was posted to Op-Ed News, April 1, 2009
Before leaving office, senior Bush administration lawyers secured changes in a Justice Department watchdog agency's report that reportedly was sharply critical of legal opinions granting President George W. Bush sweeping powers, including the right to abuse "war on terror"- captives.
In a letter to two U.S. senators, the Justice Department said the changes to the report by the Office of Professional Responsibility followed comments from then-Attorney General Michael Mukasey, then-Deputy Attorney General Mark Filip and the Office of Legal Counsel, which was still run by its acting chief, Steven Bradbury, one of three lawyers who had been singled out for criticism in OPR's initial draft.
"Attorney General Mukasey, Deputy Attorney General Filip and OLC provided comments [after the first draft was completed in December], and OPR revised the draft report to the extent it deemed appropriate based on those comments,"- said acting Assistant Attorney General Faith Burton in a March 25 letter to Sens. Sheldon Whitehouse, D-Rhode Island, and Richard Durbin, D-Illinois, members of the Senate Judiciary Committee.
Burton also said that the final OPR report may undergo more revisions based on responses from the former OLC lawyers who were criticized and that a final version may not be released for some time, if at all. "Due to the complexity and classification level of the draft report, the review process "- likely will require substantial time and effort,"- Burton said.
Legal sources familiar with the internal debate about the draft report say OPR is in the process of "watering"- down the criticism of legal opinions by OLC lawyers John Yoo and Jay Bybee in 2002 and 2003 and by Bradbury, who in 2005 reinstated some of the Yoo-Bybee opinions after they had been withdrawn by Assistant Attorney General Jack Goldsmith when he headed the OLC in 2003 and 2004.
That back-and-forth over the OLC's judgments regarding President Bush's powers rest at the heart of the Bush administration's defense of its "enhanced interrogation"- techniques that have been widely denounced as torture, such as waterboarding which subjects a person to the panicked gag reflex of drowning and which was used on at least three "high-value"- detainees.
Bush officials insist that they were acting under the guidance of the Justice Department's Office of Legal Counsel, which advises Presidents on the scope of their constitutional powers. For the OPR report to conclude that Yoo, Bybee and Bradbury violated their professional duties as lawyers and, in effect, gave Bush pre-cooked legal opinions to do what he already wanted to do would shatter that line of defense. Conflict Question
In a response to Burton's letter, Durbin and Whitehouse questioned whether Bradbury's dual role as the acting head of the OLC and one of the criticized lawyers created a "conflict of interest"- regarding revisions made to the draft in the last days of the Bush administration.
Bradbury "is reportedly a subject of the OPR investigation,"- the senators wrote. "As such, it would appear to be a conflict of interest for Mr. Bradbury to review and comment on the OPR report on OLC's behalf."-
Durbin and Whitehouse also noted that Bradbury wrote two memos in the final months of the Bush administration distancing himself from some of the Yoo-Bybee opinions while insisting that they had acted in good faith as lawyers.
Three months before Bush exited the White House, Bradbury wrote that some of those controversial opinions were "the product of an extraordinary period in the history of the Nation: the immediate aftermath of the attacks of 9/11."-
In another memo dated Jan. 15, five days before Bush left office, Bradbury repudiated some Yoo-Bybee legal opinions, but said the flawed theories did not mean Justice Department lawyers failed to "satisfy" professional standards.
Rather, Bradbury cited "the wake of the atrocities of 9/11, when policy makers, fearing that additional catastrophic terrorist attacks were imminent, strived to employ all lawful means to protect the Nation."
Bradbury's Jan. 15 memo appeared to be in response to the draft OPR report, raising other concerns from Durbin and Whitehouse.
"If Mr. Bradbury did review the OPR report, this could have improperly influenced the opinions he expressed on OLC's behalf,"- the senators wrote. "Particularly his decision to emphasize that the authors of discredited OLC opinions on detainee issues had not necessarily violated their professional responsibilities."-
Durbin and Whitehouse added that they are "concerned"- that the final OPR report "" when it is delivered to Attorney General Eric Holder and to Congress "" will have "undergone significant revisions at the behest of the subjects of the investigation without the benefit of reviewing OPR's initial draft report."- [For more on the Yoo-Bybee opinions, see Consortiumnews.com's "How Close the Bush Bullet.] Investigating Legal Theories
The OPR probe was launched in mid-2004 after a meeting in which Jack Goldsmith, then head of the OLC, got into a tense debate with White House lawyers, including Vice President Dick Cheney's legal counsel David Addington. Goldsmith had withdrawn some of the Yoo-Bybee opinions because he felt they were "legally flawed"- and "sloppily written."
After the meeting, Goldsmith resigned and was subsequently replaced on an acting basis by Bradbury, who restored some of the controversial Yoo-Bybee opinions in May 2005, again granting Bush broad powers to inflict painful interrogations on detainees.
Sources familiar with the OPR draft report said it reached "damning"- conclusions about numerous cases of "misconduct"- in the advice from Yoo, Bybee and Bradbury that was provided to the White House about interrogations and domestic surveillance.
OPR investigators determined that all three blurred the lines between an attorney charged with providing independent legal advice to the White House and a policy advocate who was working to advance the administration's goals, said the sources who spoke on condition of anonymity because the contents of the report are still classified.
One part of the OPR report criticized Yoo's use of an obscure 2000 health benefits statute to narrow the definition of torture in a way that permitted waterboarding and other acts that have historically been regarded as torture under U.S. law, the sources said.
In public comments responding to the criticism of his legal opinions, Yoo said his government work gave him "very little time to make very important decisions. "- You don't have the luxury to research every single thing and that's accelerated in war time."-
Last weekend, it was disclosed that Spanish investigative judge Baltasar Garzon had taken initial steps for launching a criminal probe of torture that was allegedly made possible by the work of six former Bush administration officials, including Yoo, Bybee and Addington as well as former Attorney General Alberto Gonzales.
Garzon, whose court is famous for dealing with high-profile terrorism and torture cases, asserts standing in the investigation because international anti-torture laws have provisions for universal jurisdiction, meaning that if the implicated country (in this case the United States) doesn't act against alleged torturers, other countries may.
This article, by Micahel Isikoff, was published by Newsweek, February 14, 2009
An internal Justice Department report on the conduct of senior lawyers who approved waterboarding and other harsh interrogation tactics is causing anxiety among former Bush administration officials. H. Marshall Jarrett, chief of the department's ethics watchdog unit, the Office of Professional Responsibility (OPR), confirmed last year he was investigating whether the legal advice in crucial interrogation memos "was consistent with the professional standards that apply to Department of Justice attorneys." According to two knowledgeable sources who asked not to be identified discussing sensitive matters, a draft of the report was submitted in the final weeks of the Bush administration. It sharply criticized the legal work of two former top officials - Jay Bybee and John Yoo - as well as that of Steven Bradbury, who was chief of the Office of Legal Counsel (OLC) at the time the report was submitted, the sources said. (Bybee, Yoo and Bradbury did not respond to multiple requests for comment.)
But then–Attorney General Michael Mukasey and his deputy, Mark Filip, strongly objected to the draft, according to the sources. Filip wanted the report to include responses from all three principals, said one of the sources, a former top Bush administration lawyer. (Mukasey could not be reached; his former chief of staff did not respond to requests for comment. Filip also did not return a phone message.) OPR is now seeking to include the responses before a final version is presented to Attorney General Eric Holder Jr. "The matter is under review," said Justice spokesman Matthew Miller.
If Holder accepts the OPR findings, the report could be forwarded to state bar associations for possible disciplinary action. But some former Bush officials are furious about the OPR's initial findings and question the premise of the probe. "OPR is not competent to judge [the opinions by Justice attorneys]. They're not constitutional scholars," said the former Bush lawyer. Mukasey, in speeches before he left, decried the second-guessing of Justice lawyers who, acting under "almost unimaginable pressure" after 9/11, offered "their best judgment of what the law required."
But the OPR probe began after Jack Goldsmith, a Bush appointee who took over OLC in 2003, protested the legal arguments made in the memos. Goldsmith resigned the following year after withdrawing the memos, and later wrote that he was "astonished" by the "deeply flawed" and "sloppily reasoned" legal analysis in the memos by Yoo and Bybee, including their assertion (challenged by many scholars) that the president could unilaterally disregard a law passed by Congress banning torture.
OPR investigators focused on whether the memo's authors deliberately slanted their legal advice to provide the White House with the conclusions it wanted, according to three former Bush lawyers who asked not to be identified discussing an ongoing probe. One of the lawyers said he was stunned to discover how much material the investigators had gathered, including internal e-mails and multiple drafts that allowed OPR to reconstruct how the memos were crafted. In a departure from the norm, Jarrett also told members of the Senate Judiciary Committee last year he would inform them of his findings and would "consider" releasing a public version. If he does, it could be the most revealing public glimpse yet at how some of the major decisions of Bush-era counterterrorism policy were made.