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 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, firstname.lastname@example.org 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 Scott Shane, was published by the New York Times, August 11, 2009
WASHINGTON — Jim Mitchell and Bruce Jessen were military retirees and psychologists, on the lookout for business opportunities. They found an excellent customer in the Central Intelligence Agency, where in 2002 they became the architects of the most important interrogation program in the history of American counterterrorism.
They had never carried out a real interrogation, only mock sessions in the military training they had overseen. They had no relevant scholarship; their Ph.D. dissertations were on high blood pressure and family therapy. They had no language skills and no expertise on Al Qaeda.
But they had psychology credentials and an intimate knowledge of a brutal treatment regimen used decades ago by Chinese Communists. For an administration eager to get tough on those who had killed 3,000 Americans, that was enough.
So “Doc Mitchell” and “Doc Jessen,” as they had been known in the Air Force, helped lead the United States into a wrenching conflict over torture, terror and values that seven years later has not run its course.
Dr. Mitchell, with a sonorous Southern accent and the sometimes overbearing confidence of a self-made man, was a former Air Force explosives expert and a natural salesman. Dr. Jessen, raised on an Idaho potato farm, joined his Air Force colleague to build a thriving business that made millions of dollars selling interrogation and training services to the C.I.A.
Seven months after President Obama ordered the C.I.A. interrogation program closed, its fallout still commands attention. In the next few weeks, Attorney General Eric H. Holder Jr. is expected to decide whether to begin a criminal torture investigation, in which the psychologists’ role is likely to come under scrutiny. The Justice Department ethics office is expected to complete a report on the lawyers who pronounced the methods legal. And the C.I.A. will soon release a highly critical 2004 report on the program by the agency’s inspector general.
Col. Steven M. Kleinman, an Air Force interrogator and intelligence officer who knows Dr. Mitchell and Dr. Jessen, said he thought loyalty to their country in the panicky wake of the Sept. 11 attacks prompted their excursion into interrogation. He said the result was a tragedy for the country, and for them.
“I feel their primary motivation was they thought they had skills and insights that would make the nation safer,” Colonel Kleinman said. “But good persons in extreme circumstances can do horrific things.”
For the C.I.A., as well as for the gray-goateed Dr. Mitchell, 58, and the trim, dark-haired Dr. Jessen, 60, the change in administrations has been neck-snapping. For years, President George W. Bush declared the interrogation program lawful and praised it for stopping attacks. Mr. Obama, by contrast, asserted that its brutality rallied recruits for Al Qaeda; called one of the methods, waterboarding, torture; and, in his first visit to the C.I.A., suggested that the interrogation program was among the agency’s “mistakes.”
The psychologists’ subsequent fall from official grace has been as swift as their rise in 2002. Today the offices of Mitchell Jessen and Associates, the lucrative business they operated from a handsome century-old building in downtown Spokane, Wash., sit empty, its C.I.A. contracts abruptly terminated last spring.
With a possible criminal inquiry looming, Dr. Mitchell and Dr. Jessen have retained a well-known defense lawyer, Henry F. Schuelke III. Mr. Schuelke said they would not comment for this article, which is based on dozens of interviews with the doctors’ colleagues and present and former government officials.
In a brief e-mail exchange in June, Dr. Mitchell said his nondisclosure agreement with the C.I.A. prevented him from commenting. He suggested that his work had been mischaracterized.
“Ask around,” Dr. Mitchell wrote, “and I’m sure you will find all manner of ‘experts’ who will be willing to make up what you’d like to hear on the spot and unrestrained by reality.” A Career Shift
At the time of the Sept. 11 attacks, Dr. Mitchell had just retired from his last military job, as psychologist to an elite special operations unit in North Carolina. Showing his entrepreneurial streak, he had started a training company called Knowledge Works, which he operated from his new home in Florida, to supplement retirement pay.
But for someone with Dr. Mitchell’s background, it was evident that the campaign against Al Qaeda would produce opportunities. He began networking in military and intelligence circles where he had a career’s worth of connections.
He had grown up poor in Florida, Dr. Mitchell told friends, and joined the Air Force in 1974, seeking adventure. Stationed in Alaska, he learned the art of disarming bombs and earned bachelor’s and master’s degrees in psychology.
Robert J. Madigan, a psychology professor at the University of Alaska who had worked closely with him, remembered Dr. Mitchell stopping by years later. He had completed his doctorate at the University of South Florida in 1986, comparing diet and exercise in controlling hypertension, and was working for the Air Force in Spokane.
“I remember him saying they were preparing people for intense interrogations,” Dr. Madigan said.
Military survival training was expanded after the Korean War, when false confessions by American prisoners led to sensational charges of communist “brainwashing.” Military officials decided that giving service members a taste of Chinese-style interrogation would prepare them to withstand its agony.
Air Force survival training was consolidated in 1966 at Fairchild Air Force Base in the parched hills outside Spokane. The name of the training, Survival, Evasion, Resistance, Escape, or SERE, suggests its breadth: airmen and women learn to live off the land and avoid capture, as well as how to behave if taken prisoner.
In the 1980s, Dr. Jessen became the SERE psychologist at the Air Force Survival School, screening instructors who posed as enemy interrogators at the mock prison camp and making sure rough treatment did not go too far. He had grown up in a Mormon community with a view of Grand Teton, earning a doctorate at Utah State studying “family sculpting,” in which patients make physical models of their family to portray emotional relationships.
Dr. Jessen moved in 1988 to the top psychologist’s job at a parallel “graduate school” of survival training, a short drive from the Air Force school. Dr. Mitchell took his place.
The two men became part of what some Defense Department officials called the “resistance mafia,” experts on how to resist enemy interrogations. Both lieutenant colonels and both married with children, they took weekend ice-climbing trips together.
While many subordinates considered them brainy and capable leaders, some fellow psychologists were more skeptical. At the annual conference of SERE psychologists, two colleagues recalled, Dr. Mitchell offered lengthy put-downs of presentations that did not suit him.
At the Air Force school, Dr. Mitchell was known for enforcing the safety of interrogations; it might surprise his later critics to learn that he eliminated a tactic called “manhandling” after it produced a spate of neck injuries, a colleague said.
At the SERE graduate school, Dr. Jessen is remembered for an unusual job switch, from supervising psychologist to mock enemy interrogator.
Dr. Jessen became so aggressive in that role that colleagues intervened to rein him in, showing him videotape of his “pretty scary” performance, another official recalled.
Always, former and current SERE officials say, it is understood that the training mimics the methods of unscrupulous foes.
Mark Mays, the first psychologist at the Air Force school, said that to make the fake prison camp realistic, officials consulted American P.O.W.’s who had just returned from harrowing camps in North Vietnam.
“It was clear that this is what we’d expect from our enemies,” said Dr. Mays, now a clinical psychologist and lawyer in Spokane. “It was not something I could ever imagine Americans would do.” Start of the Program
In December 2001, a small group of professors and law enforcement and intelligence officers gathered outside Philadelphia at the home of a prominent psychologist, Martin E. P. Seligman, to brainstorm about Muslim extremism. Among them was Dr. Mitchell, who attended with a C.I.A. psychologist, Kirk M. Hubbard.
During a break, Dr. Mitchell introduced himself to Dr. Seligman and said how much he admired the older man’s writing on “learned helplessness.” Dr. Seligman was so struck by Dr. Mitchell’s unreserved praise, he recalled in an interview, that he mentioned it to his wife that night. Later, he said, he was “grieved and horrified” to learn that his work had been cited to justify brutal interrogations.
Dr. Seligman had discovered in the 1960s that dogs that learned they could do nothing to avoid small electric shocks would become listless and simply whine and endure the shocks even after being given a chance to escape.
Helplessness, which later became an influential concept in the treatment of human depression, was also much discussed in military survival training. Instructors tried to stop short of producing helplessness in trainees, since their goal was to strengthen the spirit of service members in enemy hands.
Dr. Mitchell, colleagues said, believed that producing learned helplessness in a Qaeda interrogation subject might ensure that he would comply with his captor’s demands. Many experienced interrogators disagreed, asserting that a prisoner so demoralized would say whatever he thought the interrogator exp
At the C.I.A. in December 2001, Dr. Mitchell’s theories were attracting high-level attention. Agency officials asked him to review a Qaeda manual, seized in England, that coached terrorist operatives to resist interrogations. He contacted Dr. Jessen, and the two men wrote the first proposal to turn the enemy’s brutal techniques — slaps, stress positions, sleep deprivation, wall-slamming and waterboarding — into an American interrogation program.
By the start of 2002, Dr. Mitchell was consulting with the C.I.A.’s Counterterrorist Center, whose director, Cofer Black, and chief operating officer, Jose A. Rodriguez Jr., were impressed by his combination of visceral toughness and psychological jargon. One person who heard some discussions said Dr. Mitchell gave the C.I.A. officials what they wanted to hear. In this person’s words, Dr. Mitchell suggested that interrogations required “a comparable level of fear and brutality to flying planes into buildings.”
By the end of March, when agency operatives captured Abu Zubaydah, initially described as Al Qaeda’s No. 3, the Mitchell-Jessen interrogation plan was ready. At a secret C.I.A. jail in Thailand, as reported in prior news accounts, two F.B.I agents used conventional rapport-building methods to draw vital information from Mr. Zubaydah. Then the C.I.A. team, including Dr. Mitchell, arrived.
With the backing of agency headquarters, Dr. Mitchell ordered Mr. Zubaydah stripped, exposed to cold and blasted with rock music to prevent sleep. Not only the F.B.I. agents but also C.I.A. officers at the scene were uneasy about the harsh treatment. Among those questioning the use of physical pressure, according to one official present, were the Thailand station chief, the officer overseeing the jail, a top interrogator and a top agency psychologist.
Whether they protested to C.I.A. bosses is uncertain, because the voluminous message traffic between headquarters and the Thailand site remains classified. One witness said he believed that “revisionism” in light of the torture controversy had prompted some participants to exaggerate their objections.
As the weeks passed, the senior agency psychologist departed, followed by one F.B.I. agent and then the other. Dr. Mitchell began directing the questioning and occasionally speaking directly to Mr. Zubaydah, one official said.
In late July 2002, Dr. Jessen joined his partner in Thailand. On Aug. 1, the Justice Department completed a formal legal opinion authorizing the SERE methods, and the psychologists turned up the pressure. Over about two weeks, Mr. Zubaydah was confined in a box, slammed into the wall and waterboarded 83 times.
The brutal treatment stopped only after Dr. Mitchell and Dr. Jessen themselves decided that Mr. Zubaydah had no more information to give up. Higher-ups from headquarters arrived and watched one more waterboarding before agreeing that the treatment could stop, according to a Justice Department legal opinion. Lucrative Work
The Zubaydah case gave reason to question the Mitchell-Jessen plan: the prisoner had given up his most valuable information without coercion.
But top C.I.A. officials made no changes, and the methods would be used on at least 27 more prisoners, including Khalid Shaikh Mohammed, who was waterboarded 183 times.
The business plans of Dr. Mitchell and Dr. Jessen, meanwhile, were working out beautifully. They were paid $1,000 to $2,000 a day apiece, one official said. They had permanent desks in the Counterterrorist Center, and could now claim genuine experience in interrogating high-level Qaeda operatives.
Dr. Mitchell could keep working outside the C.I.A. as well. At the Ritz-Carlton in Maui in October 2003, he was featured at a high-priced seminar for corporations on how to behave if kidnapped. He created new companies, called Wizard Shop, later renamed Mind Science, and What If. His first company, Knowledge Works, was certified by the American Psychological Association in 2004 as a sponsor of continuing professional education. (A.P.A. dropped the certification last year.)
In 2005, the psychologists formed Mitchell Jessen and Associates, with offices in Spokane and Virginia and five additional shareholders, four of them from the military’s SERE program. By 2007, the company employed about 60 people, some with impressive résumés, including Deuce Martinez, a lead C.I.A. interrogator of Mr. Mohammed; Roger L. Aldrich, a legendary military survival trainer; and Karen Gardner, a senior training official at the F.B.I. Academy.
The company’s C.I.A. contracts are classified, but their total was well into the millions of dollars. In 2007 in a suburb of Tampa, Fla., Dr. Mitchell built a house with a swimming pool, now valued at $800,000.
The psychologists’ influence remained strong under four C.I.A. directors. In 2006, in fact, when Secretary of State Condoleezza Rice and her legal adviser, John B. Bellinger III, pushed back against the C.I.A.’s secret detention program and its methods, the director at the time, Michael V. Hayden, asked Dr. Mitchell and Dr. Jessen to brief State Department officials and persuade them to drop their objections. They were unsuccessful.
By then, the national debate over torture had begun, and it would undo the psychologists’ business.
In a statement to employees on April 9, Leon E. Panetta, President Obama’s C.I.A. director, announced the “decommissioning” of the agency’s secret jails and repeated a pledge not to use coercion. And there was another item: “No C.I.A. contractors will conduct interrogations.”
Agency officials terminated the contracts for Mitchell Jessen and Associates, and the psychologists’ lucrative seven-year ride was over. Within days, the company had vacated its Spokane offices. The phones were disconnected, and at neighboring businesses, no one knew of a forwarding address.