Big Boy Pants and the Presidency

By:  Monday April 30, 2012 5:49 pm

Frankly, I think Jose Rodriguez was being naive when he claimed that having Jay Bybee’s signature on a memo authorizing some, but not all, of the torture the torturers had already done by August 1, 2002 constituted full authority for what they had done.

But before moving forward, Jose Rodriguez got his superiors, right up to the president – to sign off on a set of those techniques, including waterboarding.

Jose Rodriguez: We needed to get everybody in government to put their big boy pants on and provide the authorities that we needed.

Lesley Stahl: Their big boy pants on–

Jose Rodriguez: Big boy pants. Let me tell you, I had had a lot of experience in the agency where we had been left to hold the bag. And I was not about to let that happen for the people that work for me.

Lesley Stahl: There wasn’t gonna be any deniability on this one?

Jose Rodriguez: There was not gonna be any deniability. And I tell you something. In August of 2002, I felt I had all the authorities that I needed, all the approvals that I needed. The atmosphere in the country was different. Everybody wanted us to save American lives.

After all, to this day, these counterterrrorism programs are being run on a Memorandum of Notification that not only doesn’t comply with the terms of the National Security Act, but shields the President (Obama even more so than Bush) from any direct accountability, a carefully crafted deniability that the CIA has worked to preserve.

Lesley Stahl was apparently not up to the task of asking Rodriguez about the torture the torturers actually used which exceeded the terms of the authorization. She describes waterboarding as laid out in the Bybee Memo, without acknowledging that the torturers didn’t follow those guidelines. Stahl asserts as fact that the CIA kept Abu Zubaydah up for 3 straight days, when evidence suggests his sleep deprivation lasted longer, perhaps as long as 11 days. Had Stahl laid out the degree to which the torturers were known to have exceeded guidelines (both before and after those guidelines were codified in the Bybee Memo), she might have noted the underlying problem with this exchange.

Lesley Stahl: Oh, you had rules for each thing?

Jose Rodriguez: Yes, we had rules. And not only that, but every time we did any of this, we had to ask permission. The field had to ask permission of headquarters.

Lesley Stahl: Each time.

Jose Rodriguez: Each time.

As she herself pointed out, Rodriguez was not doing the torture. He wasn’t in the field. He was at HQ. In fact, he was one of the guys sitting in Langley giving the oral permissions for individual torture techniques both before and after Bybee signed his memo, the techniques that exceeded the rules laid out in Bybee. You’d think Stahl might have pointed that out.

Continue reading →


Feinstein and Levin: Hassan Ghul Revealed Abu Ahmed al-Kuwaiti’s Role, and Then We Tortured Him

By:  Monday April 30, 2012 3:13 pm

Dianne Feinstein and Carl Levin have released a statement that basically says Jose Rodriguez’ Big Boy Pants are on fire for the lies he has told about the torture program.

The statement is interesting for two reasons. First, it gets closer and closer to saying that the torture program was successful primarily in eliciting false confessions.

Further, it’s worth repeating, as discussed in the Senate Armed Services Committee’s 2008 report, the SERE techniques used in the CIA’s interrogation program were never intended to be used by U.S. interrogators. Rather, the techniques – which are based on Communist Chinese interrogation techniques used during the Korean War to elicit false confessions – were developed to expose U.S. soldiers to the abusive treatment they might be subjected to if captured by our enemies. An overwhelming number of experts agree, the SERE techniques are not an effective means to illicit accurate information. [my emphasis]

It’s really time for them to be as clear as their leaking aides are in saying, anonymously, that the torture program got–and was designed to get–false confessions.

Hopefully, as Jose Rodriguez’ torture tour continues, they’ll get over this reticence.

The statement also confirms what was described in this AP report: that the CIA detainee who provided the most important intelligence leading to Osama bin Laden–who has been reported as Hassan Ghul–did so before we tortured him.

The CIA detainee who provided the most significant information about the courier provided the information prior to being subjected to coercive interrogation techniques.

So we tortured Khalid Sheikh Mohammed and he gave up invented locations for OBL (while hiding the courier). But we got key evidence from Ghul that might have led to OBL and … we tortured him anyway.

I wonder how many books Rodriguez is going to sell claiming that this program was effective?


John Brennan’s Outdated Drone Speech

By:  Monday April 30, 2012 1:57 pm

The speech John Brennan gave today–purportedly offering a new level of transparency about our drone strikes–would have been more effective coming from someone else, delivered at a different time.

It would have been better for someone else to deliver this speech, because Brennan, a notable sieve of classified information, has no credibility talking about secrecy.

Again, there are some lines we simply will not and cannot cross because, at times, our national security demands secrecy. But we are a democracy. The people are sovereign. And our counterterrorism tools do not exist in a vacuum. They are stronger and more sustainable when the American people understand and support them. They are weaker and less sustainable when the American people do not. As a result of my remarks today, I hope the American people have a better understanding of this critical tool—why we use it, what we do, how carefully we use it, and why it is absolutely essential to protecting our country and our citizens.

All the past times when Brennan happily leaked classified information made it clear the Administration politicizes such claims to secrecy. So there’s no reason for any person to take John Brennan’s claims to secrecy seriously–he’s not a credible messenger on that front. (But hell, at this point every invocation of secrecy might just be a reference to the Wizard of Oz.)

The timing undermines the message too. Brennan made it clear that his comments addressed only strikes targeted at known individuals.

Broadly speaking, the debate over strikes targeted at individual members of al-Qa’ida has centered on their legality, their ethics, the wisdom of using them, and the standards by which they are approved.

[snip]

For example, when considering lethal force we ask ourselves whether the individual poses a significant threat to U.S. interests. Continue reading →


Janice Rogers Brown Sings “Follow the Yellow Brick Road” as She Guts Habeas

By:  Monday April 30, 2012 11:28 am

The government has released a new version of the DC Circuit opinion in the Latif case. (Via DC Circuit Review h/t scribe)

I suppose it should comfort us that the government no longer considers this passage from Janice Rogers Brown’s opinion to be classified. [I've underlined the bits the government previously claimed were classified; see PDF 39-40 to compare.]

What makes Latif’s current story so hard to swallow is not its intrinsic implausibility but its correspondence in so many respects with the Report he now repudiates. Like Dorothy Gale upon awakening at home in Kansas after her fantastic journey to the Land of Oz, Latif’s current account of what transpired bears a striking resemblance to the familiar faces of his former narrative. See THE WIZARD OF Oz (MGM 1939). Just as the Gales’ farmhands were transformed by Dorothy’s imagination into the Scarecrow, Tin Man, and Cowardly Lion, it is at least plausible that Latif, when his liberty was at stake, transformed his jihadi recruiter into a charity worker, his Taliban commander into an imam, his comrades-in-arms into roommates, and his military training camp into a center for religious study.

Though it raises real questions why it was classified in the first place. Really? Our government classified a Wizard of Oz analogy! And it wonders why we doubt the men behind the curtain.

And a good thing they released it, too. It makes Rogers Brown’s comment earlier in the opinion analogizing Dorothy’s Uncle Henry to Judge Henry Kennedy look every bit as disrespectful as it did in the first draft…

Even doting Uncle Henry managed to evaluate Dorothy’s credibility when· she professed that the family and friends gathered around her bed had been with her in Oz. See THE WIZARD OF Oz (MGM 1939) (“Of course we believe you, Dorothy.”). The district court, by contrast, mustered only a guarded finding of plausibility.

But at least we know that Rogers Brown–and not Kennedy–is the one who has gotten lost in Oz.

But a look at numbered page 21 shows all you need to know about the government’s good faith in this reconsidered redaction. Continue reading →


CIA Disrupts Ongoing US, Pakistan Negotiations With Drone Strike Just as Breakthrough Neared

By:  Monday April 30, 2012 8:57 am

Despite no agreement being announced during Special Envoy Marc Grossman’s visit to Pakistan last week, Pakistan Today reports that negotiations between Pakistan and the US had continued, and an agreement on transportation of NATO supplies through Pakistan, along with the resumption of the flow of support funding for Pakistan, was to be announced as early as today. Those plans, and the prospects for finalizing an agreement, were disrupted Sunday when the CIA unilaterally restarted drone attacks inside Pakistan, striking a former girls’ school in which Uzbek and Tajik militants were said to be holed up.

Here is how Pakistan Today described the current situation:

Intense negotiations between US Special Envoy Marc Grossman and Pakistan’s civilian and military leadership have finally paved the way for the reopening of blocked NATO supplies and release of arrears under the Coalition Support Fund (CSF) by Washington, and a breakthrough in this regard is likely in a day or two, Pakistan Today learnt on Sunday.

This breakthrough is said to be planned for Monday (today) but Sunday’s drone strike in North Waziristan by CIA despite a clear ‘no’ to such attacks by Pakistani parliament has not gone down well with Pakistani authorities and it could impact the process of reconciliation between Islamabad and Washington.

/snip/

“Ambassador Grossman has left Islamabad but around 10 American officials are still here finalizing a deal on NATO reopening and CSF arrears’ release,” the diplomat said.

A member of the federal cabinet, Sheikh Waqas Akram disclosed that Islamabad and Washington were very close to reaching a deal on NATO supplies and CSF dues’ release.

“Yes that is true, this breakthrough is imminent and it was revealed by Ambassador Grossman himself when he met me and some other parliamentarians in his recent visit to Islamabad,” Akram, the Minister of State for Human Resource Development, said. He said that a breakthrough on NATO supplies and CSF arrears, according to his information was about to take place today (Monday) but the latest drone strike in North Waziristan could again sabotage the reconciliatory efforts.

Akram then placed blame for the drone strike on “hawkish elements” in the US and suggested it was intended to disrupt negotiations:

“It seems that the hawkish elements in US establishment and among the political circles there do not want the improvement of ties between Pakistan and the US,” Akram said.

Leading these “hawkish elements”, of course, is the CIA, which both the Washington Post and New York Times identify as behind the drone strike Sunday. Both papers noted how Sunday’s strike undermines the ongoing negotiations. From the Times: Continue reading →


Jose Rodriguez’ Mushroom Cloud of Torture

By:  Sunday April 29, 2012 10:30 pm

I suspect it will be a full time job keeping up with all the Jose Rodriguez’ lies we’ll hear as he sells his book and his excuse for torture. But for the moment, look at this detail:

Jose Rodriguez: We were flooded with intelligence about an imminent attack. That al Qaeda had an anthrax program, and that they were planning to use it against us. And that they were seeking nuclear materials to use in some type of nuclear weapon. So we were facing a ticking, time bomb situation and we were very concerned.

I’ll come back to the anthrax later. But note that Rodriguez claims that we had to use torture because Al Qaeda was seeking nukes to use in some type of weapon.

In part, Rodriguez is doing the same thing Maureen Mahoney did when trying to protect Jay Bybee: pointing to intelligence Abu Zubaydah gave up under torture–regarding a Jose Padilla dirty bomb plot–as justification for the torture of AZ to get that same information.

But it also highlights how this program was designed to obtain false confessions. Here is Abd al Rahim al-Nashiri’s description of how his torturers invited him to give a false confession about nukes.

Number six. Usama bin Laden having a nuclear bomb. [REDACTED]. Then they used to laugh. Then they used to tell me you need to admit to those information. So I used to invent some of the stuff for them to say Usama bin laden had a, had a nuclear bomb. And they use to laugh and they were very happy. They were extremely happy because of the news. Then after that I told them, listen. He has no bomb. [my emphasis]

Jose Rodriguez says we had to torture because there were rumors of nukes (the same apparently unfounded claim the current Administration uses to justify drone strikes). Nashiri reveals that his torturers told him he had to confirm that rumor.

When he did, they laughed.

Did they need to torture because they had rumors of nukes? Or did they need to torture because they needed claims of nukes?


We Drone Strike, Ergo We Are at War

By:  Saturday April 28, 2012 11:17 am

Check out the logic top pundit David Ignatius employs here:

The United States just decided to step up its drone war [in Yemen], which is a sure sign that al-Qaeda poses a significant, continuing threat.

Ignatius has long served as a mouthpiece for the CIA, so it’s not like he lacks sources he could ask about why we’re going to start using signature strikes in Yemen. If he asked, he might find out that we’re using signature strikes because the civil war Ali Abdullah Saleh’s leadership failures incited is considered a threat to the US (or to the Saudis), independent of any threat AQAP might represent.

But instead, David Ignatius, DC insider, says we’re ramping up drone strikes, ergo al Qaeda must pose a significant, continuing threat.

The line actually serves as the punch line of a larger, equally poorly argued piece “proving” that because people are rebelling against the dictators who used the war on terror as yet another excuse to oppress their people, Osama bin Laden has won.

Egypt is a case in point: This has been a year of mostly nonviolent democratic revolution. But it has brought to power some Salafist and Muslim Brotherhood groups that share common theological roots with bin Laden. And the al-Qaeda goal of driving the “apostate,” pro-American President Hosni Mubarak from power has been achieved.

I would dismiss all this as more beltway inanity. But Ignatius wields this (il)logic even while he waves around those OBL documents he got in an authorized, exclusive leak from the Administration.

As Wednesday’s anniversary of bin Laden’s death approaches, I have been going back over my notes of these messages. I found some unpublished passages that show how bin Laden’s legacy is an ironic mix: His movement is largely destroyed, but his passion for a purer and more Islamic government in the Arab world is partly succeeding. In that sense, the West shouldn’t be too quick to claim victory.

The message the Administration has deemed Ignatius solely worthy to interpret and read is that OBL turned to unifying Muslims behind reformed governance at the end of his life, and therefore reformed governance must be opposed because it would represent a victory of what he calls “electoral bin Ladenism.”

And by pointing to documents that have purportedly been declassified but the rest of us aren’t permitted to see, and deploying the logic that says just because we’ve resumed targeting drones at people whose identity we don’t know, Ignatius “proves” there must be a reason to target those people and that reason must ultimately be OBL.


Peter Bergen’s Bumper Sticker

By:  Friday April 27, 2012 3:47 pm

Yesterday, just two days after the unofficial start of the General Election, Joe Biden officially rolled out the slogan he had already warned would be his refrain for the entire campaign season:

If you’re looking for a bumper sticker to sum up how President Obama has handled what we inherited, it’s pretty simple: Osama bin Laden is dead and General Motors is alive.

Also yesterday, Time Magazine rolled out a Peter Bergen article, The Last Days of Osama Bin Laden (which is still behind the paywall), accompanied not just by a bunch of other piggy-backed articles, but the letter above, Leon Panetta’s record of National Security Advisor Tom Donilon’s call telling him the operation against OBL was a go.

I guess we’re supposed to assume the timing of the two events is entirely coincidental.

The other event that transpired yesterday–Judge James Boasberg’s order ruling the CIA had properly withheld 52 photos taken during the raid on OBL’s compound under FOIA exemption 1 (properly classified information)–probably was just a coincidence.

But it does remind us that the photos–that is, records of the same covert operation as Leon Panetta’s note recorded–were immediately stamped “Top Secret,” considered derivatively classified, and subsequently formally classified and withheld from FOIA.

And yet, here Panetta’s note is, somehow having evaded the classification stamps. That, in spite of the fact that it records the normally religiously guarded Presidential communications, not to mention details of how CIA and JSOC work together on covert ops, the time it was officially okayed, that McRaven was informed first even though CIA was ostensibly in charge of the op. All of it stuff that, had the op blown up in Obama’s face, would be as carefully guarded as those pictures of OBL’s funeral.

In my mind, this whole festival of information asymmetry targeted at voters is capped off by the byline involved: Peter Bergen.

When I read about the imprisonment of journalists like Abdulelah Haider Shaye, or the wiretapping of Lawrence Wright and Christiane Amanpour, I think back to Bergen, who in the days after 9/11 was an important, reliable source who knew more about al Qaeda than many of the people taxpayers were paying to keep us safe. I’ve always thought, as our government targets journalists covering Islamic extremists, we’re handcuffing the next Peter Bergen, that journalist who is right now collecting the information our intelligence community is neglecting.That Peter Bergen is likely to be imprisoned, like Shaye, for talking directly to a terrorist.

And what has Bergen become, along the way? The outlet for officially leaked information–one more tool in the President’s toolbox of information asymmetry.

I don’t blame the Obama Administration for running on Joe Biden’s pithy slogan. But I do blame it for corrupting information in this way, both the system of classification that should be free from politics, and the space it accorded journalists to do their job when the government wasn’t.

Update: See this for details of how Brian Williams will film Obama and friends re-enacting last year’s Sit Room drama as they killed OBL.

Update: One of the things Judicial Watch complained about in their OBL suit is that the photos were probably classified only after the government received their FOIA on May 2 (to DOD) and May 4 (to CIA). CIA Information Review Officer Elizabeth Anne Culver explained that the CIA always considered the photos classified.

Contrary to Plaintiff’s suggestion, after their creation these extraordinarily sensitive images were always considered to be classified by the CIA and were consistently maintained in a manner appropriate for their classification level.

So wouldn’t Panetta’s note be considered derivatively classified, just like the photos? If so, why doesn’t have declassification markings now?


America’s Power Couple: Samantha Power Fights Atrocities, Cass Sunstein Defends Child Labor

By:  Friday April 27, 2012 11:05 am

These two things happened in the same week.

On Monday, Obama rolled out his Atrocities Prevention Board. While in reality, this appears an excuse to sanction Israel’s enemies, in theory at least, it’s an initiative to find alternative tools to prevent the massacres of women and … children.

Obama put Samantha Power in charge of this effort.

On Thursday, Obama’s Labor Department withdrew rules designed to prevent kids under the age of 16 from being paid to perform dangerous farm jobs.

Obama’s equivocations regarding imposing limits on businesses are usually attributed to Samantha Power’s husband, Cass Sunstein.

It must take a lot of effort for this power couple, working so hard to help and hurt kids all in one week.


Right on Cue, the Counter-Argument to the Torture Apology Comes Out

By:  Friday April 27, 2012 10:32 am

Three years ago, I rather sheepishly gave Dianne Feinstein kudos for the seriousness of the Senate Intelligence Committee inquiry into torture. I said then–and I maintain now–that reports of the investigation make it sound like a far more substantive investigation than I had at first worried it would be.

But I will say that the apparent timing of its release seems unfortunate. Because it is likely to come out in the wake of the Jose Rodriguez propaganda, the SSCI report is being portrayed as the other side of a two-sided debate rather than the result of the sustained, exhaustive inquiry it is.

A nearly three-year-long investigation by Senate Intelligence Committee Democrats is expected to find there is little evidence the harsh “enhanced interrogation techniques” the CIA used on high-value prisoners produced counter-terrorism breakthroughs.

[snip]

President Barack Obama and his aides have largely sought to avoid revisiting Bush administration controversies. But the debate over the effectiveness of enhanced interrogations, which human rights advocates condemn as torture, is resurfacing, in part thanks to a new book by a former top CIA official.

In the book, “Hard Measures,” due to be published on Monday, April 30, the former chief of CIA clandestine operations Jose Rodriguez defends the use of interrogation practices including water-boarding, which involves pouring water on a subject’s face, which is covered with a cloth, to simulate drowning.

Whether the timing–coming out just as Mitt Romney and his torturer-advisors face off against Obama in the General Election–was planned or not, the effect will be to turn torture into a campaign issue with two sides treated as legitimate by a spineless press, rather than one side with self-preservation in mind and the other with exhaustive study.

And sadly, that will probably mean the most interesting (and politically explosive) result of the investigation gets lost, relegated to paragraph 26 of 27.

Critics also say that still-classified records are likely to demonstrate that harsh interrogation techniques produced far more information that proved false than true.

Dana Priest reveals that, when Jose Rodriguez tried to persuade her not to publish news of the black sites in 2005, he tried to argue torture “was producing real results and helping to keep the country safe.” We’re about to get validation that the example of Ibn Sheikh al-Libi was not unique (though his treatment was included in the scope of the SSCI study). If torture “was producing real results” those results were false confessions, not real intelligence.

If we’re going to have a debate about torture, the fact that Cheney and his torturers used it to create false stories to–among other things–get us into the Iraq War should be at the center of that debate.