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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This article, by Matthew Lee, was distributed by the AP, October 28, 2009
WASHINGTON -A former Marine who fought in Iraq and became a diplomat in a Taliban stronghold in Afghanistan has resigned in a high-profile protest of the Afghan war.
Foreign service officer Matthew Hoh is the first U.S. official known to have quit in protest to the war, according to The Washington Post, which reported Hoh's resignation in Tuesday's editions. Hoh said he stepped down only six months into the job because he believed the war is fueling the insurgency. The State Department said it respected his views but did not agree with them.
"I have lost understanding of and confidence in the strategic purposes of the United States' presence in Afghanistan," Hoh wrote in his Sept. 10 resignation letter. "I have doubts and reservations about our current strategy and planned future strategy, but my resignation is based not upon how we are pursuing this war, but why and to what end."
Hoh did not immediately respond to requests for comment from The Associated Press but told the Post he had concluded that Afghans resented the presence of U.S. troops in their country and were fighting to drive them out and not for ideological reasons.
Hoh's resignation took effect on Sept. 28, according to State Department spokesman Ian Kelly, who said the government appreciated his Hoh's service in Iraq and as a political officer in Zabul, Afghanistan.
"We take his point of view very seriously, but we continue to believe that we're on track to achieving the goal that the president has set before us," Kelly told reporters. "It's a very, very difficult job that we have out there in a very complicated situation, but it's definitely worth the effort."
He noted that senior U.S. officials in both Afghanistan and Washington had met with Hoh and "heard him out." "We respect his right to dissent."
However, Kelly also said Hoh was a temporary hire whose tour was due to end in March after the completion of a limited one-year assignment and that his resignation was not comparable to those of career diplomats who stepped down to protest U.S. military actions in Bosnia and Iraq.
"Without minimizing the obvious passion and depth of feeling of Mr. Hoh in terms of his perception of the mission in Afghanistan, yes, I would draw a distinction between his situation and somebody who'd been in the foreign service and had a stake in the foreign service for 20 years or more," Kelly said.
Several long-serving career diplomats resigned during the administrations of former presidents Bill Clinton and George W. Bush to protest U.S. policies in Bosnia and the invasion of Iraq.
This article, by Mark Welsbrot, was published by The Guardian, October 26, 2009
What kind of a public debate can we have on the most vital issues of the day in the United States? A lot depends on the media, which determines how these issues are framed for most people.
Take the war in Afghanistan, which has been subject to major debate here lately, as Barack Obama has to decide whether to take the advice of his commanding officer in Afghanistan, General Stanley McChrystal, and send tens of thousands more troops there, or heed public opinion, which actually favours an end to the war.
This month, one of America's most important and most-watched TV news programmes, NBC's Meet the Press, took up the issue. The lineup:
Retired General Barry McCaffrey, former army general and drug tsar (under Bill Clinton) turned defence industry lobbyist. In a news article on McCaffrey titled "One man's military-industrial-media complex", the New York Times reported that McCaffrey had "earned at least $500,000 from his work for Veritas Capital, a private equity firm in New York that has grown into a defence industry powerhouse by buying contractors whose profits soared from the wars in Afghanistan and Iraq." McCaffrey has appeared on NBC more than 1000 times since 11 September 2001.
Retired General Richard Myers, former chairman of the joint chiefs of staff under George Bush (2002-2005). He is currently on the board of directors of Northrop Grumman Corporation, one of the largest military contractors in the world, and also of United Technologies Corporation, another large military contractor.
Senator Lindsey Graham, Republican from South Carolina, a pro-war spokesperson that is one of the most regular guests on the Sunday talkshows.
Senator Carl Levin of Michigan, a Democrat, was apparently intended to represent the "other side" of the debate. Here is what he said: "Clearly we should keep the number of forces that we have. No one's talking about removing forces."
"No one" in the above sentence refers to the American people, whom Levin understandably sees as nobody in the eyes of the US media and political leaders. According to the latest New York Times/CBS News poll, 32% of those polled wanted US troops out of Afghanistan within one year or right now. That was the largest group. Another 24% wants the troops "removed within one to two years". For comparison, the leadership of the Taliban is willing to grant foreign troops 18 months to get out of their country.
In other words, a majority of 56% of Americans wants US troops out of Afghanistan about as soon as is practically feasible or even sooner. Yet Meet the Press – a mainstream network news talkshow since 1947 – does not see fit to find one person to represent that point of view. The other major TV and radio talkshows that the right also labels "liberal" in the US make similar choices almost every day.
When asked whether the US should set a timeline for withdrawal, Levin answered "no".
I know, if you have enough time you can still find an anti-war, public-interest viewpoint and the facts to support it – on the internet and even among some of the news stories in major media publications. But most Americans have other full-time jobs.
If the media's influence stopped there, the damage would be limited. After all, Americans can often still overcome the tutelage of the media's opinion leaders, as the above poll demonstrates. But the media also defines the debate for politicians. And that is where the life-and-death consequences really kick in.
If you want to know why Obama has not fought for a public option for healthcare reform, why he has caved to Wall Street on financial reform, why he has been Awol on the most important labour law reform legislation in 75 years (despite his campaign promises), just look at the major media. Think for a moment of how they would treat him if he did what his voters wanted him to do. You can be sure that Obama has thought it through very carefully.
Obama's whole political persona is based on media strategy, and on not taking any risk that the major media would turn against him. That is how he got where he is today and how he hopes to be re-elected. Many analysts confuse this with a strategy based on public opinion polling. But as we can see, these are often two different things.
Seventy-five percent of Americans support a public option for healthcare reform. (A majority would support expanding Medicare to cover everyone, but over the years the media, insurance and pharmaceutical companies made sure that this option didn't make it to the current debate.)
Obama has the bully pulpit. He could say to the rightwing Democrats in the Senate: "Look, you can vote against my proposals, but if you do not allow your president to even have a vote on this reform, you are not a Democrat." In other words, you can't join the Republicans in blocking the vote procedurally.
He could probably force Harry Reid, the Senate majority leader, to join him in enforcing this minimal party discipline that would come naturally to Republicans, which would allow the healthcare bill to pass the Senate even if conservative Democrats voted against it.
But to do that would risk losing some of Obama's post-partisan, non-ideological aura that guarantees his media support. Of course, the media is not the only influence that hobbles healthcare reform. The insurance, pharmaceutical and other business lobbies obviously have more representation in Congress than does the majority of the electorate. But Obama does not feel this direct corporate pressure nearly as much. After all, he was the first president in recent decades to get 48% of his campaign contributions from donations of less than $200 – a very significant change in American politics, made possible though internet organising.
There are other powerful elite groupings, such as the foreign policy establishment – which is more ideologically driven, like the medieval church, than a collection of lobbying interests – that thwart reform on issues of war and peace. But the major media remain one of the biggest challenges to progressive reform in the 21st century.
This article, by Robyn E. Blumner, was published by The St. Petersburg Times, October 25, 2009
Ubi jus ibi remedium.
Probably nothing turns readers off more than starting a column with some incomprehensible Latin phrase. But this one's relevant. It means: Where there is a right, there is a remedy. When a legal wrong has been done, the courts should be able to order some kind of relief. Otherwise, what good is the right?
What good is habeas corpus (more Latin, sorry) if after it is determined that you are being held illegally you can be kept in jail? This is precisely the question the U.S. Supreme Court has agreed to answer. A case taken Tuesday asks whether a court has the power to free Guantanamo detainees after finding they were wrongly imprisoned, even if the only place to send them is the United States.
Here is the crazy situation that exists now: A group of Muslim Uighurs who fled oppression in western China and went to camps in the mountains of Afghanistan were turned over to the U.S. military, reportedly by Pakistani officials for a bounty of $5,000 a head. They have been imprisoned in Guantanamo for more than seven years, and it wasn't until last October that the Uighurs finally had their habeas corpus petitions ruled on by a federal judge. He found they were wrongfully imprisoned. The government has admitted that the Uighurs are not enemy combatants. Whatever beef they have is with China, which is why the men cannot be returned there, where they would be tortured or executed.
But since at the time no other country would take them, U.S. District Judge Ricardo Urbina ordered them released in the United States. A Uighur community promised housing and employment help.
This seems fair. We made them stateless, dragged them to Guantanamo and robbed them of six years of their lives before bothering to give them due process. Releasing them is the least we can do.
But then something astounding happened, at least from a logic, compassion and constitutional standpoint. In February, a federal appellate court set aside the order to free the men. It said that because the Uighurs are aliens and all immigration decisions are the province of the political branches, the court is powerless to order their transfer to our shores.
According to this reasoning, when the U.S. Supreme Court ruled last year in Boumediene vs. Bush that Guantanamo detainees have the right to be free from "arbitrary and unlawful restraint," the court intended a huge loophole. Even if a court determines that a Guantanamo detainee has been unlawfully imprisoned for years, he will have to remain until his jailer finds him another country, whenever that is ... maybe never.
Having a right without a remedy is frustrating when the issue is, say, money damages defeated by sovereign immunity. But here the issue is the most fundamental: liberty.
The Uighur case has resulted in other prisoners ending in the same limbo. Of 30 detainees who federal judges have found in the last year are being unlawfully detained, only 10 have been resettled in foreign countries, none here. Lower court judges are powerless except to admonish the administration to hurry its relocation efforts.
The hope is that even this conservative Supreme Court will side with the Uighurs. The high court was exceptionally protective of habeas corpus during the Bush presidency. It would be stunning if the court allowed those rulings elevating due process over presidential power to be emasculated by immigration law.
The case has iffy prospects on another front. President Barack Obama promised to shutter Guantanamo within a year of his presidency, which could moot the case by the time it is heard next year. Four Uighurs have now been sent to Bermuda, and Palau says it will take others.
But the principle will not go away. Obama promised in his inaugural to protect "the rights of man." To be meaningful, as the president knows, those rights must be more than declaratory. They must include a remedy, a way to walk free from one's illegal imprisonment.
This article by Devlin Barrett andf Pamela Hess, was posted to Yahoo News, August 24, 2009
WASHINGTON – The Obama administration launched a criminal investigation Monday into harsh questioning of detainees during President George W. Bush's war on terrorism, revealing CIA interrogators' threats to kill one suspect's children and to force another to watch his mother sexually assaulted.
At the same time, President Barack Obama ordered changes in future interrogations, bringing in other agencies besides the CIA under the direction of the FBI and supervised by his own national security adviser. The administration pledged questioning would be controlled by the Army Field Manual, with strict rules on tactics, and said the White House would keep its hands off the professional investigators doing the work.
Despite the announcement of the criminal probe, several Obama spokesmen declared anew — as the president has repeatedly — that on the subject of detainee interrogation he "wants to look forward, not back" at Bush tactics. They took pains to say decisions on any prosecutions would be up to Attorney General Eric Holder, not the White House.
Monday's five-year-old report by the CIA's inspector general, newly declassified and released under a federal court's orders, described severe tactics used by interrogators on terror suspects after the Sept. 11, 2001, attacks. Seeking information about possible further attacks, interrogators threatened one detainee with a gun and a power drill and tried to frighten another with a mock execution of another prisoner.
Attorney General Holder said he had chosen a veteran prosecutor to determine whether any CIA officers or contractors should face criminal charges for crossing the line on rough but permissible tactics.
Former CIA Director Michael Hayden, appointed by President Bush in 2006, expressed dismay by the prospect of prosecutions for CIA officers. He noted that career prosecutors have already reviewed and declined to prosecute the alleged abuses.
Obama has said interrogators would not face charges if they followed legal guidelines, but the report by the CIA's inspector general said they went too far — even beyond what was authorized under Justice Department legal memos that have since been withdrawn and discredited. The report also suggested some questioners knew they were crossing a line.
"Ten years from now we're going to be sorry we're doing this (but) it has to be done," one unidentified CIA officer was quoted as saying, predicting the questioners would someday have to appear in court to answer for such tactics.
The report concluded the CIA used "unauthorized, improvised, inhumane" practices in questioning "high-value" terror suspects.
Monday's documents represent the largest single release of information about the Bush administration's once-secret system of capturing terrorism suspects and interrogating them in overseas prisons.
White House officials said they plan to continue the controversial practice of rendition of suspects to foreign countries, though they said that in future cases they would more carefully check to make sure such suspects are not tortured.
In one instance cited in the new documents, Abd al-Nashiri, the man accused of being behind the 2000 USS Cole bombing, was hooded, handcuffed and threatened with an unloaded gun and a power drill. The unidentified interrogator also threatened al-Nashiri's mother and family, implying they would be sexually abused in front of him, according to the report.
The interrogator denied making a direct threat.
Another interrogator told alleged Sept. 11 mastermind Khalid Sheikh Mohammed, "if anything else happens in the United States, 'We're going to kill your children,'" one veteran officer said in the report.
Death threats violate anti-torture laws.
In another instance, an interrogator pinched the carotid artery of a detainee until he started to pass out, then shook him awake. He did this three times. The interrogator, a CIA debriefer accustomed to questioning willing subjects, said he had only recently been trained to conduct interrogations.
Top Republican senators said they were troubled by the decision to begin a new investigation, which they said could weaken U.S. intelligence efforts. Sen. Patrick Leahy, the Democratic chairman of the Judiciary Committee, said the revelations showed the Bush administration went down a "dark road of excusing torture."
Investigators credited the detention-and-interrogation program for developing intelligence that prevented multiple attacks against Americans. One CIA operative interviewed for the report said the program thwarted al-Qaida plots to attack the U.S. Embassy in Pakistan, derail trains, blow up gas stations and cut the suspension line of a bridge.
"In this regard, there is no doubt that the program has been effective," investigators wrote, backing an argument by former Vice President Dick Cheney and others that the program saved lives.
But the inspector general said it was unclear whether so-called "enhanced interrogation" tactics contributed to that success. Those tactics include waterboarding, a simulated drowning technique that the Obama administration says is torture. Measuring the success of such interrogation is "a more subjective process and not without some concern," the report said.
The report describes at least one mock execution, which would also violate U.S. anti-torture laws. To terrify one detainee, interrogators pretended to execute the prisoner in a nearby room. A senior officer said it was a transparent ruse that yielded no benefit.
As the report was released, Attorney General Holder appointed prosecutor John Durham to open a preliminary investigation into the claims of abuse. Durham is already investigating the destruction of CIA interrogation videos and now will examine whether CIA officers or contractors broke laws in the handling of suspects.
The administration also announced Monday that all U.S. interrogators will follow the rules for detainees laid out by the Army Field Manual. The manual, last updated in September 2006, prohibits forcing detainees to be naked, threatening them with military dogs, exposing them to extreme heat or cold, conducting mock executions, depriving them of food, water, or medical care, and waterboarding.
Formation of the new interrogation unit for "high-value" detainees does not mean the CIA is out of the business of questioning terror suspects, deputy White House press secretary Bill Burton told reporters covering the vacationing president on Martha's Vineyard in Massachusetts.
Burton said the unit will include "all these different elements under one group" and will be located at the FBI headquarters in Washington.
The structure of the new unit the White House is creating would be significantly broader than under the Bush administration, when the CIA had the lead and sometimes exclusive role in questioning al-Qaida suspects.
Obama campaigned vigorously against Bush administration interrogation practices in his successful run for the presidency. He has said more recently he didn't particularly favor prosecuting officials in connection with instances of prisoner abuse.
Burton said Holder "ultimately is going to make the decisions."
CIA Director Leon Panetta said in an e-mail message to agency employees Monday that he intended "to stand up for those officers who did what their country asked and who followed the legal guidance they were given. That is the president's position, too," he said.
Panetta said some CIA officers have been disciplined for going beyond the methods approved for interrogations by the Bush-era Justice Department. Just one CIA employee — contractor David Passaro_ has been prosecuted for detainee abuse.
This article, by Peter Beaumont, was published in the Guardian, August 20, 2009
Despite its recent attempt to rebrand itself as Xe Services, Blackwater, the private military empire of Erik Prince, has struggled under a growing weight of allegations surrounding its conduct in Iraq and Afghanistan. Now further questions have been raised by claims it was subcontracted by the CIA during the George Bush presidency to run an unrealised campaign of assassinations of al-Qaida leaders kept secret from Congress.
The claims come hard on the heels of the allegations made in sworn affidavits to a federal court in Virginia earlier this month by two former Blackwater employees that Prince may have had a role in the murder of individuals co-operating with a US government investigation into the company.
While the allegations of the two men cannot be verified independently, the combination of the two affairs – on top of Blackwater's already notorious reputation from Iraq – has added a Robert Ludlumesque aura of intrigue to a secretive company named after the US Navy Seals name for a "black op".
Prince has had to contend with widely reported allegations – contained in the sworn statements – that he "views himself as a Christian crusader tasked with eliminating Muslims and the Islamic faith from the globe".
In addition, one of the two anonymous witnesses – who asked for protection because they said they were afraid of Blackwater – has also accused the company, which earned more than $1bn (£600m) in US government contracts, of smuggling weapons into Iraq and the destruction of incriminating evidence.
Although Xe has denied the allegations, the claims this month are only the latest controversies to have dogged Prince and his company, which has been accused of everything from deceiving the US state department to encouraging its operatives to kill Iraqi civilians.
Although the wealthy Prince founded the company in 1997, the name Blackwater only became imprinted on the public consciousness after the war in Iraq. It gained a reputation for being trigger-happy and ruthless, and soon gained the nickname "Ditchwater" from some British security guards.
The company was finally expelled by the Iraqi government, which refused to renew its licence, although some Xe employees still work there for the state department under the auspices of the so-called US Training Centre.
The company's rapid emergence as one of the world's biggest private military contractors benefited from Prince's Republican connections (he was a donor to Bush) and the revolving door recruitment policy for Pentagon and CIA officials. Prince himself is reported to have been close to top officials in the CIA's directorate of operations and was a regular visitor to its headquarters.
And it was his political connections that opened the doors.
The son of Edgar Prince, a wealthy Republican from Michigan who was one of the founders of the rightwing Family Research Council in the 1980s, Erik Prince had served as an intern to President George Bush Sr before joining the elite Navy Seals for four years, leaving the navy on the death of his father in 1996.
With his inheritance, Prince bought the land in North Carolina that would be transformed into Blackwater's training base, complete with sniper training facilities. This was made available for the training of CIA officers – an organisation with which Prince had high-level contacts – as well as for the training of his private army.
It was in 2002 that Prince and his company finally hit paydirt, securing contracts to protect US government personnel in Iraq and Afghanistan, two-thirds of which were awarded on a no-bid basis.
And after the fall of Baghdad, Blackwater suddenly became the most visible private military contractor in Iraq, its bandana-wearing, muscular employees riding shotgun on the convoys they protected with no interest in keeping a low profile. Described once as "mercenaries", Prince countered they were "loyal Americans".
Despite growing uneasiness among many observers about Blackwater's methods, not least after a March 2004 ambush in which four Blackwater guards were killed and their bodies hung from one of the town's bridges, it was an incident in 2007 that sealed its notoriety.
Four of its empoyees shot dead 17 Iraqi civilians – 14 of whom the FBI concluded were killed "without cause". And it was not an isolated incident. In 2005 Blackwater guards accompanying a US diplomat fired scores of rounds into an Iraqi car, while in 2006 a drunken Blackwater employee killed an Iraqi security guard for the country's vice-president. The guard responsible was flown by the company out of Iraq.
A congressional subcommittee report in 2007 described the company as being staffed by reckless guards – not always sober – who would shoot first and not stop to see who they had shot. The same report alleged that Blackwater guards had been engaged in more than 200 shooting incidents in two years, largely from moving vehicles.
It was not only in Iraq that Blackwater had a controversial presence. In the immediate aftermath of hurricane Katrina, heavily armed Blackwater guards were controversially deployed in New Orleans by the department of homeland security to confront armed looters.
The revelation that the CIA had allegedly subcontracted Blackwater into an abortive programme to undertake killings of al-Qaida figures adds further weight to the evidence that the company's real ambition was to take over military and intelligence functions.
That ambition was allegedly alluded to by Cofer Black, director of the CIA's counter-terrorism centre until 2002, and later the department of state's co-ordinator for counter-terrorism, who joined Blackwater in 2005 as vice-chairman. At a conference in Amman in 2006, in comments Black has subsequently denied, he was alleged to have suggested that Blackwater was in a position to provide a brigade-sized group to support humanitarian missions.
Despite the controversies, Blackwater continues to benefit from US government contracts under Barack Obama's presidency. Under Obama the numbers of private military contractors have increased in Afghanistan by almost 30% – the company once known as Blackwater among them.
This article, by Mark Mazzetti, was posted to Common Dreams, August 20, 2009
WASHINGTON - The Central Intelligence Agency in 2004 hired outside contractors from the private security contractor Blackwater USA as part of a secret program to locate and assassinate top operatives of Al Qaeda, according to current and former government officials.
Executives from Blackwater, which has generated controversy because of its aggressive tactics in Iraq, helped the spy agency with planning, training and surveillance. The C.I.A. spent several million dollars on the program, which did not successfully capture or kill any terrorist suspects.
The fact that the C.I.A. used an outside company for the program was a major reason that Leon E. Panetta, the C.I.A.'s director, became alarmed and called an emergency meeting in June to tell Congress that the agency had withheld details of the program for seven years, the officials said.
It is unclear whether the C.I.A. had planned to use the contractors to actually capture or kill Qaeda operatives, or just to help with training and surveillance in the program. American spy agencies have in recent years outsourced some highly controversial work, including the interrogation of prisoners. But government officials said that bringing outsiders into a program with lethal authority raised deep concerns about accountability in covert operations.
Officials said the C.I.A. did not have a formal contract with Blackwater for this program but instead had individual agreements with top company officials, including the founder, Erik D. Prince, a politically connected former member of the Navy Seals and the heir to a family fortune. Blackwater's work on the program actually ended years before Mr. Panetta took over the agency, after senior C.I.A. officials themselves questioned the wisdom of using outsiders in a targeted killing program.
Blackwater, which has changed its name, most recently to Xe Services, and is based in North Carolina, in recent years has received millions of dollars in government contracts, growing so large that the Bush administration said it was a necessary part of its war operation in Iraq.
It has also drawn controversy. Blackwater employees hired to guard American diplomats in Iraq were accused of using excessive force on several occasions, including shootings in Baghdad in 2007 in which 17 civilians were killed. Iraqi officials have since refused to give the company an operating license.
Several current and former government officials interviewed for this article spoke only on the condition of anonymity because they were discussing details of a still classified program.
Paul Gimigliano, a C.I.A. spokesman, declined to provide details about the canceled program, but he said that Mr. Panetta's decision on the assassination program was "clear and straightforward."
"Director Panetta thought this effort should be briefed to Congress, and he did so," Mr. Gimigliano said. "He also knew it hadn't been successful, so he ended it."
A Xe spokeswoman did not return calls seeking comment.
Senator Dianne Feinstein, the California Democrat who leads the Senate Intelligence Committee, also declined to give details of the program. But she praised Mr. Panetta for notifying Congress. "It is too easy to contract out work that you don't want to accept responsibility for," she said.
The C.I.A. this summer conducted an internal review of the assassination program that recently was presented to the White House and the Congressional intelligence committees. The officials said that the review stated that Mr. Panetta's predecessors did not believe that they needed to tell Congress because the program was not far enough developed.
The House Intelligence Committee is investigating why lawmakers were never told about the program. According to current and former government officials, former Vice President Dick Cheney told C.I.A. officers in 2002 that the spy agency did not need to inform Congress because the agency already had legal authority to kill Qaeda leaders.
One official familiar with the matter said that Mr. Panetta did not tell lawmakers that he believed that the C.I.A. had broken the law by withholding details about the program from Congress. Rather, the official said, Mr. Panetta said he believed that the program had moved beyond a planning stage and deserved Congressional scrutiny.
"It's wrong to think this counterterrorism program was confined to briefing slides or doodles on a cafeteria napkin," the official said. "It went well beyond that."
Current and former government officials said that the C.I.A.'s efforts to use paramilitary hit teams to kill Qaeda operatives ran into logistical, legal and diplomatic hurdles almost from the outset. These efforts had been run by the C.I.A.'s counterterrorism center, which runs operations against Al Qaeda and other terrorist networks.
In 2002, Blackwater won a classified contract to provide security for the C.I.A. station in Kabul, Afghanistan, and the company maintains other classified contracts with the C.I.A., current and former officials said.
Over the years, Blackwater has hired several former top C.I.A. officials, including Cofer Black, who ran the C.I.A. counterterrorism center immediately after the Sept. 11 attacks.
C.I.A. operatives also regularly use the company's training complex in North Carolina. The complex includes a shooting range used for sniper training.
An executive order signed by President Gerald R. Ford in 1976 barred the C.I.A. from carrying out assassinations, a direct response to revelations that the C.I.A. had initiated assassination plots against Fidel Castro of Cuba and other foreign politicians.
The Bush administration took the position that killing members of Al Qaeda, a terrorist group that attacked the United States and has pledged to attack it again, was no different from killing enemy soldiers in battle, and that therefore the agency was not constrained by the assassination ban.
But former intelligence officials said that employing private contractors to help hunt Qaeda operatives would pose significant legal and diplomatic risks, and they might not be protected in the same way government employees are.
Some Congressional Democrats have hinted that the program was just one of many that the Bush administration hid from Congressional scrutiny and have used the episode as a justification to delve deeper into other Bush-era counterterrorism programs.
But Republicans have criticized Mr. Panetta's decision to cancel the program, saying he created a tempest in a teapot.
"I think there was a little more drama and intrigue than was warranted," said Representative Peter Hoekstra of Michigan, the top Republican on the House Intelligence Committee.
Officials said that the C.I.A. program was devised partly as an alternative to missile strikes using drone aircraft, which have accidentally killed civilians and cannot be used in urban areas where some terrorists hide.
Yet with most top Qaeda operatives believed to be hiding in the remote mountains of Pakistan, the drones have remained the C.I.A.'s weapon of choice. Like the Bush administration, the Obama administration has embraced the drone campaign because it presents a less risky option than sending paramilitary teams into Pakistan.
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.