Showing posts with label James Risen. Show all posts
Showing posts with label James Risen. Show all posts

Saturday, January 2, 2016

Guantanamo Psychologist "Ban" Incomplete, Evidence of FBI Torture Ignored

While it is certainly a victory, or partial victory, to have psychologists removed from national security interrogations at Guantanamo, as James Risen reports in The New York Times, it turns out psychologists are not actually completely removed from that Cuban-based prison facility.

Note the careful wording of Risen's story (bold emphasis added):
The United States military has sharply curtailed the use of psychologists at the prison at Guantánamo Bay, Cuba, in response to strict new professional ethics rules of the American Psychological Association, Pentagon officials said.

Gen. John F. Kelly, the head of the United States Southern Command, which oversees Guantánamo, has ordered that psychologists be withdrawn from a wide range of activities dealing with detainees at the prison because of the new rules of the association, the nation’s largest professional organization for psychologists. The group approved the rules this past summer.
Risen's article relates a statement by SOUTHCOM spokeswoman, Navy Cmdr. Karin Burzynski, which explains that the removal of psychologists was due to APA's new policy about psychologists and national security interrogations, and the military was concerned about possible licensing or ethics board charges for military psychologists.

Those new APA rules state: "in keeping with Principle A (Beneficence and Nonmaleficence) of the Ethics Code to 'take care to do no harm,' psychologists shall not conduct, supervise, be in the presence of, or otherwise assist any national security interrogations for any military or intelligence entities, including private contractors working on their behalf, nor advise on conditions of confinement insofar as these might facilitate such an interrogation. This prohibition does not apply to domestic law enforcement interrogations or detention settings that are unrelated to national security interrogations."

Hence, in my reading it seems as if psychologists could be allowed at Guantanamo, in order to advise on conditions of confinement insofar as such advice does not "facilitate" interrogation. Perhaps that is what General Kelly is referring to when Risen quotes him as ordering psychologists withdrawal from "a wide range of activities dealing with detainees," i.e., not from all activities dealing with detainees.

As almost a side note, Risen quotes DoD's Burzynski as saying that all interrogations have now ceased at Guantanamo, except so-called "voluntary interviews" detainees wish with make to officials. No one questions how, at a facility under total control by the military, with detainees kept under conditions of indefinite detention (which themselves constitute torture), such "voluntary interviews" can be offered.

According to Risen, APA officers will meet with administration officials from the Pentagon and the High-Value Detainee Interrogation Group (HIG) later this month. In Risen's article, APA's Senior Policy Adviser Ellen Garrison seems to stand up to the Pentagon, and tell them APA will not change its policy to please them.

But back in 2008, when the APA membership voted on a petition to ban psychologists from sites like Guantanamo, Ms. Garrison worked with now-resigned Ethics chair Stephen Behnke to craft a "con" statement calling for defeat of the petition. It will be interesting to see how the old guard APA bureaucracy, now working with some of its former opponents on the interrogation issue, will address outstanding issues surrounding implementation of the new "ban."

But, no one is arguing for a total "ban" of psychologists from Guantanamo. Furthermore, it remains to be seen how anyone will be able to tell if the Pentagon stands by its word, not to mention how anyone will monitor the CIA for adherence to APA's new policy.

"Banned" psychologists and paper opposition

Risen's NYT article states, "Psychologists will still provide mental health care for American military personnel who work at the prison, which is allowed under the association’s rules."

Such psychologists apparently will continue to serve in a clinical function for troops or other U.S. personnel serving at the base, and presumably, the prison. This is indeed in line with the letter and spirit of "Resolution 23B," which mandated the new association rules (PDF), including a provision that psychologists could remain "at the Guantánamo Bay detention facility, 'black sites,' vessels in international waters, or sites where detainees are interrogated under foreign jurisdiction" if "providing treatment to military personnel."

That particular exception was a weakness with the resolution. Nevertheless, the resolution passed overwhelmingly by the APA's Council of Representatives last August was supported by anti-torture psychologists, such as those at Coalition for an Ethical Psychology and Psychologists for Social Responsibility (PsySR). But the resolution's "ban" still allows for Guantanamo to function, and for psychologists to work there if "providing treatment to military personnel." I believe that aspect was a compromise made to get support for the resolution as a whole, and has been a matter of compromise between pro-participation and anti-participation forces within APA for some years now. But with the new resolution passed changing rules on interrogations, there is no reason not to take up this broader issue now.

It is disturbing to see the responses to this development by press and anti-torture activists and not see any condemnation of the American Psychiatric Association (APsyA) or the American Medical Association (AMA) for their paper opposition to use of their membership in interrogations, as apparently psychiatrists (along with other nurses and technicians) are to replace psychologists in detainee interrogation, detention and/or detainee clinical matters.

Indeed, I've searched high and low to find any mainstream critic of U.S. interrogation policy or torture denounce the hypocrisy of APsyA or AMA in this matter. One partial exception is Stephen Miles, author of Oath Betrayed: America's Torture Doctors. Miles has called out AMA for a lack of leadership on the question of doctors working for the CIA interrogation program, and in general has assailed the field for its silence on medical participation in or planning of torture. But I have not seen a similar criticism by anyone of APsyA's failure to enforce its own policy banning psychiatrists from work at Guantanamo.

The fact remains, to date, no U.S. medical professional has ever been held accountable for their role in the "war on terror" torture scandal.

FBI interrogations and torture

Nor does the new policy stated by DoD have any bearing on interrogations conducted by CIA, foreign intelligence services, or the FBI. Obama's 2009 reforms of the Bush-Cheney era torture interrogations meant shutting down CIA's long-term black sites, and resting interrogation policy on the relevant Army Field Manual and ongoing reliance on rendition of "terror" suspects to interrogation and detention by foreign intelligence services ("extraordinary rendition").

But the Army Field Manual has been condemned by the UN's Committee Against Torture as containing abusive forms of interrogation, even as Congress has enshrined it in U.S. law. And human rights groups and legal groups have assailed the empty "assurances" of foreign governments that renditioned prisoners will not be tortured or abused.

Meanwhile, the role of the FBI in coercive interrogations is something that has been completely passed over. Previously, there were reports of torture of renditioned prisoners in the aftermath of the 2010 World Cup bombing in Kampala, Uganda. The FBI's activity in the latter investigation was said to be the largest between that time and 9/11. A number of prisoners renditioned from Kenya and Tanzania have accused the FBI of torture under interrogation in Uganda, including death threats and physical abuse by FBI agents.

One such affidavit of torture in my possession, by Kenyan national Yahya Suleiman Mbuthia, details such alleged FBI torture. The claims are consistent with charges by other prisoners also interrogated in the Kampala bombing.
"... [FBI] officers said, "Don't lie to us -- we know everything about you. We will finish your family -- first your wife and then your two kids..."

"... one (1) FBI officer, with blue eyes, cocked his gun as if he were going to shoot me, saying that there was a bullet inside with my name on it.... the same officer told me he would kill me or leave me to rot in Luzira."

"... I was severely ill-treated during interrogation, including having an FBI officer standing behind me hitting me on the back of the head with his fist... when the FBI wanted to do their dirty work, they would ask the Ugandans to leave, and by dirty work I mean beating, forcing me to sign papers and threatening me...."

"... during interrogation, if I refused to do something, I would be hooded for 30 minutes to an hour, during which time FBI officers would cock their guns as if they were about to shoot me..."
In a separate affidavit, another Kenyan national, Idris Magondu, who also was renditioned to Uganda and interrogated by both Ugandan police and FBI, wrote, "after the Court appearance at which I was not represented by legal Counsel, I was ordered to be remanded to Luzira Upper Prison where the FBI officers interrogated me several times... during the interrogations, the FBI officers shouted and threatened me, telling me that President Museveni had ordered his army to kill me, and the officers were banging on the table and were very aggressive."

According to Magondu, "one of the FBI officers had a pistol which he kept drawing my attention to."

In November 2012, Open Society Justice Initiative released a report on human rights abuses by the FBI in the wake of the World Cup bombing. In June 2013, the FBI responded to the OSJI report: "The FBI has found these claims to be without merit, because no evidence was identified by the FBI or any other independent entity to support them. The type of abuse alleged is wholly contrary to the FBI’s policy on interrogating suspects in foreign countries. The FBI’s policy is consistent with internationally recognized standards of conduct such as those set forth in Common Article 3 of the Geneva Conventions."

OSJI noted in its own response, "the FBI has not provided sufficient detail regarding its investigation of the allegations of detainee abuse by the FBI in Uganda or its basis for the conclusion that the allegations are without merit."

FBI and Mitchell-Jessen

FBI officials also figured prominently in the APA-initiated "independent" review of APA's activities around the interrogation-torture scandal. The report produced by Chicago attorney David H. Hoffman (large PDF), despite mainstream accolades, was a limited hangout on the torture issue, as it minimized or explained away for top U.S. psychologists collaboration with the CIA. Such minimization included the fact a former APA president had been part of the partnership of Mitchell-Jessen and Associates, contractors to the CIA's torture machine. Hoffman found this fact unworthy of further investigation in relation to APA's ethics.

But Hoffman and his investigators uncovered a wealth of new information which APA subsequently has posted on its website. This material shows what the report only covers tangentially, that is, that top FBI psychologists worked closely with APA, CIA and the military in discussing interrogation matters, including detection of deception that could affected by use of sensory overload or use of drugs in interrogation.

At the close of 2004 report on a July 2003 APA-CIA-RAND workshop, "The Science of Deception: Integration of Theory and Practice," there is a list of participants, and we can see that top FBI psychologists, such as then-FBI Behavioral Science Unit Chief Stephen Band and Anthony Pinizzotto, attended along with other academics and CIA officers, including psychologist Kirk Hubbard and psychiatrist Andy Morgan, and CIA contractors James Mitchell and Bruce Jessen.

The report was marked "Not for distribution."

"Research challenges" discussed at the 2003 meeting included "What pharmacological agents are known to affect apparent truth-telling behavior?" and "How might we overload the system or overwhelm the sense and see how it affects deceptive behaviors?"

Participants also discussed how to manipulate or increase subjects's anxieties. They also proposed research to discover "how interrogators might take advantage of some of the transference and counter-transference strategies used by psychotherapists."

A fuller analysis of this document awaits, but who will attempt it?

Hoffman passed without comment over this material. APA anti-torture activists (including former APA members who quit over the APA's interrogation policy) have not seen fit to comment either on the documented collaboration of the APA with key FBI officials, or on the release of this document. Even when it was revealed that James Mitchell had been invited as an expert to February 2002 FBI conference at its Quantico headquarters, links between FBI and the CIA torture program have been ignored. (Mitchell's invite came almost two months before he went to the CIA black site in Thailand and helped initiate the CIA's "enhanced interrogation" torture program.)

Part of the issue is that the mainstream narrative is that FBI agents, such as Ali Soufan, blew the whistle on CIA torture. While some FBI agents were queasy about torture techniques used by both the Department of Defense and the CIA, it seems there's a lot of house cleaning to do within the agency itself.

Even the story of Soufan's protest at Mitchell and Jessen's intervention in the interrogation of Abu Zubaydah is more nuanced than normally reported. For instance, Soufan told a Senate panel in May 2009 that his interrogation techniques with Zubaydah were not compliant with Geneva Common Article 3. In fact, Soufan said none of the FBI's interrogations were so compliant after 9/11. (See video of back and forth between Soufan and Sen. Lindsey Graham, beginning at 2:17, downloadable at this link.)

Doctors who said "no"

During the Vietnam War, there were doctors who refused to serve a corrupt and evil military regime. Navy doctor, Captain Howard Levy was court-martialed, not because he refused to torture, but to even serve as a trainer for Special Forces personnel. According to a follow-up story from 2002 in the New York Times, Levy survived his court-martial to carve out a career in medicine.

How was Levy's refusal to serve the military fighting an imperialist war in Vietnam any different really from the question of whether or not doctors or psychologists or nurses should refuse to serve in Guantanamo or other black sites? Capt. Levy charged (according to a legal look at his case) "that had he trained the [Special Forces] aidmen he would have been complicitous in war crimes committed by Special Forces."

Nor was Levy alone. An essay from the book Military Medical Ethics documents that more than 300 U.S. medical students and young doctors signed a pledge not to serve in the Armed Forces in Vietnam during that conflict.

Will APA, which is rumored to be assembling a new ethics panel to consider future ethics policy, continue to allow psychologists to still serve military forces at Guantanamo or other interrogation sites? It would seem so, if one considers recent activities around reforming psychological ethics.

[Note on personal connection to this subject: I have at times been a member of PsySR, and remain active on their listserv.]

Wednesday, June 3, 2015

New Questions About Conflict-of-Interest Throw Doubt on APA's "Independent Review" of CIA Links

A report by psychologists and human rights workers released at the end of April charged officials of the American Psychological Association with collaborating with Bush administration officials, including members of the CIA, in furthering the CIA's "enhanced interrogation" torture program. The report, titled "All the President's Psychologists," drew upon emails from a deceased RAND Corporation researcher, Scott Gerwehr, who evidently worked in some capacity with the CIA.

"The APA's complicity in the CIA torture program, by allowing psychologists to administer and calibrate permitted harm, undermines the fundamental ethical standards of the profession," the report, which was published by The New York Times, said.

APA countered these charges, which also were raised by New York Times journalist James Risen last year, by engaging "David Hoffman of the law firm Sidley Austin to conduct an independent review of whether there is any factual support for the assertion that APA engaged in activity that would constitute collusion with the Bush administration to promote, support or facilitate the use of 'enhanced' interrogation techniques by the United States in the war on terror," according to a statement by the psychologist organization last November.

But this "independent review" into links between APA and the CIA torture program was compromised, according to my own research, by links between its leader, David H. Hoffman, and former members of the CIA, including former director George Tenet, who headed the Agency at the time it constructed and implemented its post-9/11 torture program.

This article will demonstrate that Hoffman and his law firm also have professional links to a former chairman of the think-tank RAND Corporation, Newton Minow. RAND played a key role in the controversies surrounding APA and torture, as discussed below. It is the contention of this article that together with the revelations concerning Hoffman's ties to former CIA figures, including Tenet, and now links to a key RAND figure, that the potential for conflicts-of-interest can not be ignored.

RAND's History

According to RAND's website, its organization is nonprofit and "nonpartisan.... independent of political and commercial pressures." The Center for Media and Democracy's Sourcewatch website reports that "one-half of RAND's research involves national security issues." RAND reports that roughly five percent of its work is classified. Besides national security issues, RAND has long produced analyses concerning health care, education, and other topics.

RAND was active in the counter-terror/counterinsurgency prosecution of the Vietnam War. They offered expertise to CIA advisers working on the interrogation-torture-assassination program known as Project Phoenix. Such collaboration is mentioned in a 2009 RAND history of Phoenix. This study has nothing to say of Phoenix's history of torture, and barely even mentions the use of interrogation, while trying to refute charges of assassination by Phoenix teams. According to RAND's analysis, "decisionmakers would be wise to consider how Phoenix-style approaches might serve to pry open Taliban and Al-Qaeda black boxes." [pg. 24])

Douglas Valentine in his book, The Phoenix Project, describes how top CIA Phoenix official, Robert "Blowtorch" Komer, left the Agency to work for RAND in 1970.

Perhaps most famously, RAND Corporation was the source of the famous Pentagon Papers, as RAND analysts, including Daniel Ellsberg, had been involved in collecting the papers that made up the famous secret history of U.S. policy in Vietnam. Interestingly, it was Minow, as then-appointed chair of RAND's Board of Trustees who led the damage control effort there after the Ellsberg leak.

Most recently, RAND has been active in consulting on counterinsurgency tactics in the post-9/11 "war on terror."

The Role of RAND Corporation in CIA's Torture Scandal

While charges of APA collaboration with both CIA and the Department of Defense on interrogation policies, including use of torture, go back some years now, the issue took on greater urgency after New York Times journalist James Risen revealed details of such collaboration in his book Pay Any Price.

Risen's new information was based on a collection of emails he obtained that belonged to a deceased RAND Corporation researcher, Scott Gerwehr. The emails proved Gerwehr worked closely with CIA psychologist Kirk Hubbard. Hubbard was the head of CIA's Operational Assessment Division, and from 2005-09 was a contractor with Mitchell-Jessen and Associates, a company linked by Senate investigators to use of torture.

A key instance of the alleged collaboration between APA and CIA was the joint sponsorship of a group of workshops on "The Science of Deception," held at RAND's Arlington, Virginia offices on July 17-18, 2003. As I reported back in May 2007, one of the workshops included "scenarios" for discussion that included "pharmacological agents... known to affect apparent truth-telling behavior, and the use of "sensory overloads" to "overwhelm the senses and see how it affects deceptive behaviors."

Journalist Katherine Eban reported much the same about the workshop later that year in a seminal article for Vanity Fair, which exposed the fact CIA psychologists James Bruce Mitchell and Jessen had been present at the event.

The APA-CIA-RAND joint workshops were organized by RAND's Gerwehr, CIA's Hubbard, and APA's then "senior scientist" Susan Brandon, and APA's Director of Science Policy, Geoff Mumford. In 2010, I reported that APA's online linkage to the offensive "scenarios" had been scrubbed from APA's website.

Someone doesn't want the full story on this event to be known. As recently as November 2011, in a FOIA response to this author, the CIA claimed it could find no records pertaining to the 2003 APA-CIA-RAND meeting or workshops. (See PDF of response.) Risen and his collaborators on the Gerwehr-APA story also have failed to release all the information they have in their possession regarding the same event.

Similarly, in response to a FOIA I filed, the FBI could find no responsive documents regarding documents supposedly turned over to it by one of the authors of the "President's Psychologists" report,  Nathaniel Raymond. Raymond told me via email, "I directed the FBI and Durham in fall of 2010 during an in person meeting at DoJ HQ to where and how to obtain the [Gerwehr] emails. Durham and the FBI independently obtained the emails in the spring of 2011 based on the information I provided in 2010.... Any requests for access to the additional 600+ emails used in our analysis should be directed to [James Risen]." At the FBI's request, on May 6, 2015 I provided more information to assist the FBI in their records search. The FOIA request is still active.

Campaign Contributions

The critics who have opposed APA, or at least those who wrote the "President's Psychologists" report, which highlighted charges of APA complicity with intelligence agencies in the furtherance of the CIA's torture program, have publicly ignored charges that the APA-initiated "independent investigation" had serious conflict-of-interest problems due to Hoffman's relationships with Tenet and also Tenet's CIA Special Counsel from 1998-2000, Kenneth J. Levit.

(The use of "investigation" rather than "review" is a preference of APA's critics, and has been taken up by most of the press. It is my contention that the "review" barely, if at all, deserves the nomenclature of an "investigation." The word "investigate" or "investigation" never appears in the APA's "Board of Directors Resolution Regarding Independent Review." Hoffman himself, however, has used the term, as will be seen below. )

The "President's Psychologists" report never mentions or raises any questions about the obscure association between Hoffman and Tenet and Levit, nor do they seem to have investigated any such associations on their own.

The mainstream press fares no better. Articles that mention the Hoffman "investigation," including by James Risen at the New York Times and Amy Goodman at Democracy Now!, fail to mention Hoffman's link to CIA figures. One exception to this coverage was James Bradshaw at the National Psychologist who noted Hoffman's uncovered links to key CIA personnel.

In an email exchange with this author last December, David Hoffman refused to elaborate on the nature or his relationship with both Tenet and Levit in recent years. His known professional relationship goes back to Hoffmann's work in Sen. David Boren's office in the early 1990s, when Boren was chair of the Senate Select Committee on Intelligence and Tenet was the SSCI's Staff Director. Levit also worked in Boren's office at that time.

Recently I discovered that Levit gave over $1,700 to Hoffman's abortive Senate campaign in 2010, a fact Hoffman had not revealed. I've asked Hoffman whether he knew about Levit's contributions, but as of press time he has not responded on that issue. I will update this post with Hoffman's response if or when I receive it. Meanwhile, Hoffman's response to other issues raised here is discussed below.

Meanwhile, discussion of the role of RAND Corporation in the whole scandal is either muted or totally ignored. In The Intercept's October 2014 story about the APA controversy, Gerwehr's employment by RAND is never mentioned. He is only referred to as a "behavioral science researcher." Gerwehr's work on counterterrorism and urban combat is never mentioned. The author of the story, Cora Currier, also never mentions the 2003 joint APA-CIA-RAND workshop described above, even though it is a key part of the narrative of the entire scandal, as reported by Risen, Eban, and others.

Minow's Links to RAND, Donald Rumsfeld, and David Hoffman

The most intriguing new information regarding the APA-CIA scandal concerns the fact that one of a handful of senior counsels in the Chicago office of Sidley Austin where David Hoffman works is Newton Minow. According to Sidley Austin's website, Minow was "a partner with the firm from 1965-1991." For much of that time, and beyond, he was also a member of the Board of Trustees for RAND Corporation, and was Chair of the Board in the early 1970s.

Minow is not only the former chairman of RAND Corporation, he is an incredibly well-linked member of the political establishment, going back to the Kennedy Administration. In more recent years, he has been a political consultant to President Barack Obama. (Obama had been an intern for Sidley Austin in Chicago, recruited by Minow's daughter, Martha, who is currently dean of Harvard Law School.)

Minow's resume is by Establishment standards quite distinguished. He is a former chairman of the FCC and of the Carnegie Foundation. He is a former Vice Chairman of the Commission on Presidential Debates, and is still listed as a member of its Board of Directors.

Minow's plea for more U.S. funding for international broadcasting efforts like those of Radio Free Europe, Radio Liberty and Radio Marti, and his vilification of Al Jazeera as Osama bin Laden's "favored news outlet" made it into the pages of Congressional Record.

Perhaps most telling in Minow's resume is the sponsorship of a scholarship in his name at the Frederick S. Pardee RAND Graduate School in Santa Monica, California, which RAND bills as "the largest public policy analysis Ph.D. program in the United States." The Newton M. Minow Scholarship was initially funded with a $150,000 grant from Donald Rumsfeld, a noted torture figure himself.

Minow's linkage to RAND does not end there. As recently as 2003, he was on the Board of Advisors for RAND's Public Safety and Justice division. He is one of a small number of individuals in RAND's "Legacy Circle," having contributed an estate gift to RAND. According to RAND's 2006 Annual Report, Minow has donated something between $100,000 and $249,999 to RAND over the years.

Hoffman's known public linkage to Minow is sparse, but worth noting. He serves with Minow on the advisory board for the Chicago chapter of the American Constitutional Society. (To be fair, H. Candace Gorman, a noted attorney for Guantanamo detainees, is also on the ACS advisory board.)

Hoffman also served as a co-author for an amicus brief for which he represented Minow, and others, as Amici Curiae. The brief was published in January 2015.

According to an article in The New York Times, in 2002, Minow was one of a number of "outside experts" the Bush Administration consulted with on its implementation of military commissions. The Times described Minow as a "longtime friend of Mr. Rumsfeld."

Rumsfeld led the Department of Defense at a time it was implementing torture at Guantanamo and in Iraq and Afghanistan. He personally approved "use of 'stress positions,' the removal of clothing, the use of dogs, and isolation and sensory deprivation" on detainees. Many forms of torture were countenanced under Rumsfeld, including water torture. Numerous lawsuits have been filed to hold the former Bush administration figure accountable.

In a request for comment from APA, Public Communications Executive Director Rhea Farberman did not respond to a direct question about foreknowledge regarding any link between Hoffman and Minow. In an email, she said only, "APA has complete confidence that Mr. Hoffman is conducting his review in a thorough and fully independent manner."

But as we shall see, soon after accepting APA's charge as "independent" reviewer, Hoffman was discussing the project with Newton Minow.

Hoffman Responds

I asked David Hoffman to further explain his contacts with Minow. He replied via email.
As you may know, Newt Minow was FCC Chairman under JFK and gave the famous “TV as a vast wasteland” speech in 1961. At 89 years old, he remains a prominent civic and community figure in Chicago. I had heard of Newt Minow but had not met him before I joined Sidley in 2011. I speak with him from time to time, but not frequently, and do not socialize with him.
As regards possible contact with Minow on the amicus brief noted above, Hoffman explained that Minow "was one of the former governments [sic] officials and public interest groups who were the listed amici in the matter," and Minow did not work on the brief.

Even more specifically, Hoffman explained, "Mr. Minow is not working on the APA matter, and I have never worked on a matter with him."

Still, soon after Hoffman took the job to head the APA-initiated review into the charges of collusion with the CIA, raised by James Risen and others, Hoffman did discuss the matter with his firm's senior counsel:
Shortly after the public announcement by APA in November 2014 that I had been engaged to conduct an independent investigation in this matter, I saw Mr. Minow and told him about this new engagement. At the time, I did not know that he had been affiliated with the Rand Corp. I have not had any contact with Mr. Minow about the matter since then.
Hoffman added, "In response to your inquiry, I looked up when Mr. Minow was chairman of Rand, and I see that it was 44 years ago (1970-71). I do not believe that Mr. Minow’s past affiliation with Rand creates a conflict of interest for us in this matter."

Indeed, Minow was Chair of the Board of Trustees at RAND at the time the Pentagon Papers were released by former RAND researcher Daniel Ellsberg. A RAND history of the period describes the Pentagon Papers leak as sending RAND management into "a tailspin." The government took away RAND's security clearance, and it was Minow who led the campaign to get it back, and make the necessary changes to policy and personnel to restore the think-tank back to the government's good graces.

But Minow's contribution to RAND did not end there. As noted above, he served on RAND advisory boards until the 2000s. While he was Chair of RAND's Board of Trustees as far back as the early 1970s, Minow was a member of the Board almost continuously from 1965-1997. As recently as 2007, he was an "advisory trustee" to the organization.

I also asked Hoffman that, given Minow's close relationship with Donald Rumsfeld, Hoffman had any contact with George W. Bush's former Secretary of Defense. Hoffman stated flatly, "I have never met or spoken with Donald Rumsfeld."

In a follow-up email, I asked Hoffman to elaborate more on the substance of his conversation with Minow about the APA review. Hoffman has not replied.

Minow is not the only person with links to RAND working in the Chicago Sidley Austin office. Another partner in the firm, Anne E. Rea, serves on the RAND Institute for Civil Justice Board of Overseers. In 2014, Rea gifted RAND with something between $25,000 and $49,999. (The same year Minow is listed as donating between $1,000 and $4,999.)

Hoffman said this about Rea, "I know Anne Rea, as she is a partner in Sidley’s Chicago office. We have never worked on a matter together; we have not spoken about the APA matter; and I did not know about any work she has done for the Rand Corp."

Authors of "President's Psychologists" report respond

I asked the authors of the report "All the President's Psychologists" -- who told me they did not know about Hoffman's links to Minow until I told them -- to respond to this revelation. Stephen Soldz, Steven Reisner and Nathaniel Raymond sent me an email on May 27:

"We and others have pressed for 'internal review,' an independent investigation of APA since our Open Letter in Response to the American Psychological Association Board in 2009 signed by 13 organizations," Soldz and his colleagues wrote. "Our call was always for the investigatory organization to be selected by independent human rights organizations precisely to avoid the types of potential conflicts of interest you raise. Thus, we were initially concerned when the APA Board itself selected Mr. Hoffman to investigate potential complicity by key staff and elected officials including possible complicity by past and current Board members."

The email noted that "questions have only escalated" about the investigation when APA Board of Representatives revealed their plan to delay the report’s public release for months of alleged “internal review.” Soldz et al. have alleged such delay violates "the clear precedent that investigations of unethical or criminal behavior by organizations are immediately made public."

The authors of the critical report told me, "once Mr. Hoffman was selected, we chose to work with his team and have shared whatever information, documents, and opinions they requested.... Our experience with Mr. Hoffman and his team has given us every reason to believe that they are pursuing leads without limitation or constraint.... The proof of their independence will be in the honesty and comprehensiveness of their report."

Soldz and his co-authors state, "We intend to assess the true independence of the Hoffman team’s work through observing how he accounts for the evidence already in the public domain, including the data we released in our April 30, 2015 report."

But accounting for "evidence already in the public domain" seems a weak demonstration of investigatory zeal and honesty, much less comprehensiveness. Such accounting has little to do with an investigation qua investigation, but seems to be more about validating previously held beliefs or findings. Such an investigation isn't expected to dig deeper or make new findings.

Indeed, it seems tendentious to call it an investigation at all, if that is all that is expected from it. The APA has termed only an "internal review of whether there is any factual support" for charges of collusion on torture during the Bush years. Such a "review," for instance, would not touch on current APA support for psychologists at U.S. detention sites like Guantanamo where Appendix M interrogations take place. Last November, the United Nations stated that some Appendix M techniques created psychosis in prisoners and others amounted to "ill-treatment."

The APA has been silent about this, even though there is an APA-member initiated referendum that passed some years ago stating APA should tell psychologists not to work at sites that have human rights violations, as determined by organizations such as the United Nations.

Meanwhile, supporters of the "President's Psychologists" report have launched a petition campaign after news leaked out that the APA was going to take its time in making any release of Hoffman's findings public.

Such supporters would do as much or more good by asking the authors of "President's Psychologists" to release the full list of attendees at the 2003 APA-RAND-CIA workshops, which I am under the impression they hold.

[Correction: Stephen Soldz has written to remind me that a list of those attendees was given by him and the co-authors of the President's Psychologists report to The Intercept. It was disclosed in a link published within an April 2015 article by Cora Currier. The full list and accompanying documentation has been posted online at DocumentCloud. Sadly, Currier never analyzed the document in depth. But most immediately what springs up as important is the presence at these meetings (which included Mitchell, Jessen, and other CIA personnel) of the chief of the FBI's Behavioral Analysis Unit, Stephen Band, among other FBI personnel. What that means is that the collaboration on interrogation matters was much wider among governmental agencies than previously disclosed.]

In the spirit of complete transparency, the full text of the responses to my inquiries, sent via email by Stephen Soldz, Steven Reisner, Nathaniel Raymond, and David Hoffman, are available at this link.

For a Fair, Just Inquiry

Those who are repelled by the actions of APA and other professional organizations and institutions in regards to the U.S. torture scandal likely will have to look beyond this "independent review" by APA's contractor. The entire affair is reminiscent of the controversy over the UK torture inquiry that was headed by Sir Peter Gibson.

That inquiry, following on revelations about UK collaboration with the U.S. rendition program and the torture of prisoners like Binyam Mohamed, was announced by the British government. But British human rights groups refused to support this blatant attempt at a whitewash or limited hangout of UK involvement in torture, not least because the man picked to lead the investigation, Peter Gibson, had deep ties himself to the intelligence world. The lack of transparency over procedures was another problem. In 2012, the British government scrapped the investigation, citing conflicts with other investigations.

British human rights groups at the time made clear just what is needed in an inquiry of this sort. They noted that "to comply with basic human rights standards, it is essential that an inquiry, among other things" should be both "independent" and "subject to public scrutiny."

Amnesty International and eight other UK NGOs wrote: "The persons responsible for and carrying out the inquiry must be fully independent of any institution, agency or person who may be the subject of, or are otherwise involved in, the inquiry."

As far as I know, Hoffman's links to the intelligence world are much less dramatic than Gibson's, and reasonable people may disagree about the degree of conflict of interest involved in his "review" or "investigation."

Yet, while in the case of the Gibson inquiry, Amnesty and the others were writing about a governmental investigation, the same need for independence and transparency is true for any inquiry, including into the relationships of APA with intelligence or military-linked agencies. It is not any claim upon Mr. Hoffman's own integrity to say that his links, and that of the firm where he works, to former CIA and RAND officials, not to mention the fact APA chose its own "investigator," in this instance present conflicts of interest that place into doubt the integrity of his "review," no matter what results it may claim, or when it is released.

Crossposted at Firedoglake.com

Thursday, December 11, 2014

SSCI Report Reveals CIA Torture Program Originated in Same Department as MKULTRA

The release of the Senate Select Committee on Intelligence (SSCI) executive summary (PDF) to their report, "Committee Study of the Central Intelligence Agency's Detention and Interrogation Program," has rightly gotten a wide amount of press coverage.

The sheer brutality of the program's use of torture is overwhelming, from the use of forced enemas on detainees -- the CIA called it "rectal hydration" and "rectal feeding" -- to intense use of solitary confinement, threats to kill prisoners' families, homicide, and more. Revelations from this report will continue to be reported and absorbed into the world's understanding of the criminal extent of the U.S. torture program for months or years to come.

But one revelation has gone notably unreported. The man associated with implementing the most brutal part of the interrogation program was drawn out of the same division of the CIA that some decades ago had been responsible for the notorious MKULTRA program. As a CIA history of OTS explains, MKULTRA "involved Agency funding for the testing and use of chemical and biological agents and other means of controlling or modifying human behavior" (p. 19).

OTS Contractor James Mitchell Comes to Thailand

According to the SSCI report, James Mitchell, one of the two CIA contractor psychologists widely associated with the CIA's "enhanced interrogation" torture program, was working for the CIA's Office of Technical Services (OTS). In late 2001, Mitchell and his former psychologist associate at the military's Joint Personnel Recovery Agency (JPRA), John Bruce Jessen, were "commissioned" by OTS to write a study based on a purported Al Qaeda manual, called the Manchester Manual, after the city in England where the document was discovered.

The paper Mitchell and Jessen produced supposedly addressed countermeasures to interrogation that were discussed in the manual. According to the SSCI investigation, we learn for the first time that Mitchell was working for the CIA's OTS at the time he was ostensibly recruited or volunteered for the CIA's new interrogation program.

The Senate report states that Mitchell and Jessen were central in advocating a set of torture techniques that were gathered from the SERE training program for which they used to work at JPRA. SERE stands for Survival, Evasion, Resistance, Escape, and is a long-standing Defense Department program that is meant to prepare military, intelligence, and other certain important government personnel for the rigors of capture and possible torture by a determined and ruthless enemy. But the narrative that Mitchell and Jessen were solely responsible for the program, or that they even originated it, is not totally true.

According to the SSCI report, on or around April 1, 2002, Mitchell was recommended from within OTS for the interrogation of Abu Zubaydah, then being touted as a major Al Qaeda figure (he wasn't):
While Abu Zubaydah was still hospitalized, personnel at CIA Headquarters began discussing how CIA officers would interrogate Abu Zubaydah upon his return to DETENTION SITE GREEN [CIA's Thailand black site]. The initial CIA interrogation proposal recommended that the interrogators engage with Abu Zubaydah to get him to provide information, and suggested that a "hard approach," involving foreign government personnel, be taken "only as a last resort." At a meeting about this proposal, [1-2 words redacted] CTC Legal, [2-3 words redacted] recommended that a psychologist working on contract in the CIA's Office of Technical Services (OTS), Grayson SWIGERT [James Mitchell], be used by CTC to "provide real-time recommendations to overcome Abu Zubaydah's "resistance to interrogation." SWIGERT had come to [1-2 words redacted]'s attention through [2-3 words redacation] who worked in OTS. Shortly thereafter, CIA Headquarters formally proposed that Abu Zubaydah be kept in an all-white room that was lit 24 hours a day, that Abu Zubaydah not be provided any amenities, that his sleep be disrupted, that loud noise be constantly fed into his cell, and that only a small number of people interact with him. CIA records indicate that these proposals were based on the idea that such conditions would lead Abu Zubaydah to develop a sense of "learned helplessness." CIA Headquarters then sent an interrogation team to Country [one letter redaction, but represents most likely Thailand], including SWIGERT [Mitchell], whose initial role was to consult on the psychological aspects of the interrogation. [pg. 26 of report; footnote notations have been removed from original]
"Novel interrogation methods"

On April 1, 2002, a cable was sent from OTS at the request of the CIA's Counterterrorism Center and ALEC Station, which was the group within CIA supposedly hunting down Osama bin Ladin, discussing the possible use of "novel interrogation methods" on Abu Zubaydah.

The new proposed interrogation strategy proposed "several environmental modifications to create an atmosphere that enhances the strategic interrogation process." The cable continued, "[t]he deliberate manipulation of the environment is intended to cause psychological disorientation, and reduced psychological wherewithal for the interrogation," as well as "the deliberate establishment of psychological dependence upon the interrogator," and "an increased sense of learned helplessness."

"Learned helplessness" (LH) was a theory associated with a famous American psychologist, Martin Seligman. LH was a lab-derived set of propositions which postulated that when an animal (or human being) is faced with inescapable shock or otherwise unescapable or uncontrolled stress, the ability to cope collapses. LH has long been a theoretical model used to explain clinical depression, for instance.

Seligman is believed to have met with James Mitchell on three occasions. Seligman admits having met both Mitchell and Jessen at a SERE event in San Diego in May 2002. He also confirmed to me in an email that press reports were correct and that he met with Mitchell at Seligman's home in December 2001. But he denied an account by Georgetown professor Gregg Bloche that he met Mitchell yet again in late March or very early April 2002, only days before Mitchell flew to Thailand for the interrogation/torture of Abu Zubaydah. Seligman said that account, supposedly given to Bloche by CIA psychologist Kirk Hubbard, was "fiction." Nevertheless, Bloche has never rescinded his story, nor has Hubbard ever disavowed his alleged account, at least publicly.

The meetings with Seligman, in conjunction with the fact Mitchell was brought into the CIA interrogation program as a contractor for OTS, strongly suggests that the implementation of the torture program and use of SERE techniques was not solely the brainchild of James Mitchell, or Mitchell and Jessen together. Instead, it seems more likely, for reasons that will be further explored below, that the program was initiated by OTS itself, and constituted at least in part an experimental program. What exactly the experiment consisted is not totally clear. But it may have involved the use of wireless or other medical devices to measure biological markers of "uncontrollable stress," in an effort to establish a scientific calibration of torture and overall behavioral or mental control of prisoners. That such a "mind control" effort would originate or be carried out by the same institution that spent millions of dollars on the MKULTRA program is not difficult to believe.

It's impossible to know if the SSCI report ever mentions Seligman, as the report redacted or used pseudonyms for CIA agents and other personnel.

Where exactly did the EITs originate?

By July 2012, the report goes on to say that Mitchell and other CIA officers "held several meetings at CIA Headquarters to discuss the possible use of 'novel interrogation methods' on Abu Zubaydah." It is worth noting that up to that point, the CIA had used extreme isolation, sensory deprivation, denial of medical treatment and sleep deprivation on Abu Zubaydah. The "enhanced interrogation" torture had not even begun. Meanwhile, while the FBI agents present had complaints about CIA's approach, they had participated in some of this up to mid-June 2002, when all the interrogators abruptly left, leaving Zubaydah in total isolation for over a month. (One FBI agent, Ali Soufan, had left even earlier, in May, upset over how the CIA was handling the interrogation.)

According to SSCI authors, at these July meetings Mitchell proposed a number of techniques that later became the full "enhanced interrogation program," including at least one, "mock burial," that was ultimately rejected. The techniques were drawn from the SERE program Mitchell had worked in for years. But instead of familiarizing students with what such torture should look like, and helping them practice ways to survive or resist such torture, now the techniques would be applied to break down prisoners.

Oddly, the CIA's 2013 response to the SSCI on these matters, argued the turn towards torture did not originate with Mitchell. This is in contrast to mainstream reports about the origins of the EIT program, but it is consistent with the facts as stated by the SSCI itself in the report's executive summary.

According to the CIA, "Drs. [SWIGERT] and [DUNBAR] [Mitchell and Jessen] had the closest proximate expertise CIA sought at the beginning of the program, specifically in the area of non-standard means of interrogation. Experts on traditional interrogation methods did not meet this requirement. Non-standard interrogation methodologies were not an area of expertise of CIA officers or of the US Government generally. We believe their expertise was so unique that we would have been derelict had we not sought them out when it became clear that CIA would be heading into the uncharted territory of the program" (italics and emphasis in original)."

The SSCI report editorializes: "As noted above, the CIA did not seek out SWIGERT and DUNBAR after a decision was made to use coercive interrogation techniques; rather, SWIGERT and DUNBAR played a role in convincing the CIA to adopt such a policy."

Certainly Mitchell and Jessen "played a role," but that is not the same as originating the program. Indeed, much later in the report, SSCI explains that in the April 1 meeting, the interrogation proposals then under consideration came from Mitchell/SWIGERT "and the CIA OTS Officer who had recommended SWIGERT to [1-2 words redacted]." Mitchell is said to be advocating even then the development of "learned helplessness" in CIA prisoners. (See pp. 463-464).

It is worth repeating: it was CTC and ALEC Station which initiated the request for "novel" techniques from OTS, and later apparently asked for Mitchell to come to Thailand.

I don't think we know the full story yet. For instance, for some reason, the SSCI report does not include the fact that the OTS was the department of the CIA that sent data on the effects from SERE torture techniques to the Office of Legal Council, which under John Yoo was writing an opinion that would allow the CIA to "legally" use the controversial techniques, which the CIA knew could be considered torture.

OTS, MKULTRA, and SERE Research

OTS's role in vetting the EITs was mentioned in the CIA's Inspector General report on the interrogation program. Like other aspects of the torture scandal concerning the OTS division of the CIA, the press has generally ignored this. But this was something I reported on back in 2009, when the IG report was first released.

The fact OTS was involved in vetting the EITs to OLC gains greater significance when you realize that James Mitchell was working with OTS, and that OTS and their contractor Mitchell were intricately involved with both CTC and ALEC Station in creating the torture program.

There's one final aspect to the OTS angle worth mentioning. OTS apparently told OLC that the SERE techniques would not seriously harm CIA prisoners. But that was certainly wrong. Moreover, it's highly unlikely OTS didn't know that.

OTS has been part of the CIA's Directorate of Science and Technology (DS&T) since the early 1970s. It was transferred from the Directorate of Plans (clandestine operations, renamed around that time, the Directorate of Operations). OTS had earlier gone under other names itself, including Technical Service Staff and Technical Services Division. OTS and its predecessors had been involved in arranging the technical aspect of covert operations, including audio surveillance, forgery, secret writing, spy paraphenalia, sophisticated electronics, and assassination devices.

Then, there was the massive MKULTRA project, which had other names as well, and was coordinated in various ways with similar military programs. MKULTRA had well over a hundred "subprojects," and contracted with many of the U.S.'s top universities and medical and psychological researchers. (For listing of subprojects see here and here.)

MKULTRA research is probably best known for its use of hallucinogens, like LSD, which were sometimes used on unsuspecting civilians, and resulted in damaged lives and even deaths. Sometimes derided as subject matter for conspiracy theorists, MKULTRA and its assorted programs were all-too-real. While the vast majority of its documentation was destroyed by CIA leaders when the program was exposed in the early 1970s, what we do know is terrifying.

Today, within the DS&T is another shadowy CIA entity, the Intelligence Technology Innovation Center (ITIC). One Yale psychiatric researcher associated with ITIC is Charles A. Morgan, III. Morgan has produced a prodigious amount of research on the effects of "uncontrollable stress." Many of his research subjects were SERE students at a mock torture camp.

Morgan's research showed that the debilitating effects of SERE techniques caused stress cortisol levels, according to one Morgan research paper, to soar to “some of the greatest ever documented in humans.” Another study cited “neuroendocrine changes... [that] may have significant implications for subsequent responses to stress,” including massive drops in testosterone levels when exposed to even mock torture. Yet another study showed the effects of dissociation under the stress of even SERE "stress inoculation" mock torture.

Morgan used to deny his CIA links, but lately he has taken to admitting his CIA past. He was interviewed by James Risen for Risen's new book, Pay Any Price, but told Risen he did not have any associations with interrogations. But he did admit he had met James Mitchell.

It is possible that Mitchell knew of Morgan's work. It is even possible that Morgan had more to do with the interrogation program than we know. Morgan told Risen that he left the CIA because of a dispute over torture with his colleagues. Morgan has stated his opposition to torture. But Risen never followed up with that part of the story, or at least reported on it in any detail.

Some of the research under MKULTRA and associated programs, like BLUEBIRD or ARTICHOKE, included emphasis on hypnosis, drugs, and sensory deprivation, all techniques that were later incorporated into an early 1960s CIA torture manual, known as KUBARK. The SSCI report mentions KUBARK, and earlier this year, I obtained via FOIA the most complete version of the KUBARK document we currently have.

Risen also never mentioned Morgan's history of research on SERE. Hence a chance to learn more from Morgan about his own actions and the possible effect or interactions of his work with the CIA's enhanced interrogation techniques by the OTS, which is under the same CIA directorate where Morgan worked, was lost, at least for the time being.

"Novel Telemetric Technology"

One possible way OTS could have used Morgan's work concerns a project he worked on, "The Warfighter's Stress Response: Telemetric and Noninvasive Assessment." That study, undertaken in 2001 and 2002, used SERE mock torture students, among others, to develop "novel telemetric technology... for untethered measurements of heart rate variability (HRV)."

Morgan and his co-authors concluded, "The results show that assessment of HRV provides a noninvasive means of evaluating the neural systems intimately involved in the capacity to attend to and respond to a threat. These findings linking HRV to cognitive performance robustly support the utility of HRV in the assessment of human performance." It is not impossible to imagine that such "novel telemetric technology" would be used to assess the response of CIA prisoners to the experience of torture, or that OTS would be interested in providing and perfecting such technology for the CIA's clandestine services.

The SSCI report has helped bring the origins of the CIA post-9/11 interrogation/torture program into even sharper focus. But the failure of the press to even notice, with rare exception, the role of OTS, or its history in clandestine actions, including MKULTRA work, means that a full exploration of CIA's torture program cannot take place.The release of the Senate Select Committee on Intelligence (SSCI) executive summary (PDF) to their report, "Committee Study of the Central Intelligence Agency's Detention and Interrogation Program," has rightly gotten a wide amount of press coverage.

The sheer brutality of the program's use of torture is overwhelming, from the use of forced enemas on detainees -- the CIA called it "rectal hydration" and "rectal feeding" -- to intense use of solitary confinement, threats to kill prisoners' families, homicide, and more. Revelations from this report will continue to be reported and absorbed into the world's understanding of the criminal extent of the U.S. torture program for months or years to come.

But one revelation has gone notably unreported. The man associated with implementing the most brutal part of the interrogation program was drawn out of the same division of the CIA that some decades ago had been responsible for the notorious MKULTRA program. As a CIA history of OTS explains, MKULTRA "involved Agency funding for the testing and use of chemical and biological agents and other means of controlling or modifying human behavior" (p. 19).

OTS Contractor James Mitchell Comes to Thailand

According to the SSCI report, James Mitchell, one of the two CIA contractor psychologists widely associated with the CIA's "enhanced interrogation" torture program, was working for the CIA's Office of Technical Services (OTS). In late 2001, Mitchell and his former psychologist associate at the military's Joint Personnel Recovery Agency (JPRA), John Bruce Jessen, were "commissioned" by OTS to write a study based on a purported Al Qaeda manual, called the Manchester Manual, after the city in England where the document was discovered.

The paper Mitchell and Jessen produced supposedly addressed countermeasures to interrogation that were discussed in the manual. According to the SSCI investigation, we learn for the first time that Mitchell was working for the CIA's OTS at the time he was ostensibly recruited or volunteered for the CIA's new interrogation program.

The Senate report states that Mitchell and Jessen were central in advocating a set of torture techniques that were gathered from the SERE training program for which they used to work at JPRA. SERE stands for Survival, Evasion, Resistance, Escape, and is a long-standing Defense Department program that is meant to prepare military, intelligence, and other certain important government personnel for the rigors of capture and possible torture by a determined and ruthless enemy. But the narrative that Mitchell and Jessen were solely responsible for the program, or that they even originated it, is not totally true.

According to the SSCI report, on or around April 1, 2002, Mitchell was recommended from within OTS for the interrogation of Abu Zubaydah, then being touted as a major Al Qaeda figure (he wasn't):
While Abu Zubaydah was still hospitalized, personnel at CIA Headquarters began discussing how CIA officers would interrogate Abu Zubaydah upon his return to DETENTION SITE GREEN [CIA's Thailand black site]. The initial CIA interrogation proposal recommended that the interrogators engage with Abu Zubaydah to get him to provide information, and suggested that a "hard approach," involving foreign government personnel, be taken "only as a last resort." At a meeting about this proposal, [1-2 words redacted] CTC Legal, [2-3 words redacted] recommended that a psychologist working on contract in the CIA's Office of Technical Services (OTS), Grayson SWIGERT [James Mitchell], be used by CTC to "provide real-time recommendations to overcome Abu Zubaydah's "resistance to interrogation." SWIGERT had come to [1-2 words redacted]'s attention through [2-3 words redacation] who worked in OTS. Shortly thereafter, CIA Headquarters formally proposed that Abu Zubaydah be kept in an all-white room that was lit 24 hours a day, that Abu Zubaydah not be provided any amenities, that his sleep be disrupted, that loud noise be constantly fed into his cell, and that only a small number of people interact with him. CIA records indicate that these proposals were based on the idea that such conditions would lead Abu Zubaydah to develop a sense of "learned helplessness." CIA Headquarters then sent an interrogation team to Country [one letter redaction, but represents most likely Thailand], including SWIGERT [Mitchell], whose initial role was to consult on the psychological aspects of the interrogation. [pg. 26 of report; footnote notations have been removed from original]
"Novel interrogation methods"

On April 1, 2002, a cable was sent from OTS at the request of the CIA's Counterterrorism Center and ALEC Station, which was the group within CIA supposedly hunting down Osama bin Ladin, discussing the possible use of "novel interrogation methods" on Abu Zubaydah.

The new proposed interrogation strategy proposed "several environmental modifications to create an atmosphere that enhances the strategic interrogation process." The cable continued, "[t]he deliberate manipulation of the environment is intended to cause psychological disorientation, and reduced psychological wherewithal for the interrogation," as well as "the deliberate establishment of psychological dependence upon the interrogator," and "an increased sense of learned helplessness."

"Learned helplessness" (LH) was a theory associated with a famous American psychologist, Martin Seligman. LH was a lab-derived theory which postulated that when an animal (or human being) is faced with inescapable shock or otherwise unescapable or uncontrolled stress, the ability to cope collapses. LH has long been a theoretical model used to explain clinical depression, for instance.

Seligman is believed to have met with James Mitchell on three occasions. Seligman admits having met both Mitchell at a SERE event in San Diego in May 2002. He also corroborated to me in an email that press reports were correct and he met with Mitchell at Seligman's home in December 2001. But Seligman denied an account by Georgetown professor Gregg Bloche that Seligman met Mitchell yet again in late March or very early April 2002, only days before Mitchell flew to Thailand and the torture of Abu Zubaydah. Seligman said that account, supposedly given to Bloche by CIA psychologist Kirk Hubbard, was "fiction." Bloche has never rescinded his story, nor has Hubbard ever disavowed the story, at least publicly.

The meetings with Seligman, as well as the fact Mitchell was brought into the CIA interrogation program as a contractor for OTS, argues that the implementation of the torture program and use of SERE techniques was not solely the brainchild of James Mitchell, or Mitchell and Jessen together. Instead, it seems more likely, for reasons that will be further explored below, that the program was initiated by OTS itself, and constituted at least in part an experimental program. What exactly the experiment consisted is not totally clear. But it may have involved the use of wireless or other medical devices to measure biological markers of "uncontrollable stress," in an effort to establish a scientific calibration of torture and overall behavioral or mental control of prisoners. That such a "mind control" effort would originate or be carried out by the same institution that spent millions of dollars on the MKULTRA program is not difficult to believe.

It's impossible to know if the SSCI report ever mentions Seligman, as the report redacted or used pseudonyms for CIA agents and personnel.

Where exactly did the EITs originate?

By July 2012, report goes on to say that Mitchell and other CIA officers "held several meetings at CIA Headquarters to discuss the possible use of 'novel interrogation methods' on Abu Zubaydah." It is worth noting that up to that point, the CIA had used extreme isolation, sensory deprivation, denial of medical treatment and sleep deprivation. The "enhanced interrogation" torture had not even begun. Meanwhile, while there were complaints, the FBI had participated in some of this up to mid-June 2002, when all the interrogators abruptly left, leaving Zubaydah in total isolation for over a month. (One FBI agent, Ali Soufan, had left even earlier, in May, upset over how the CIA was handling the interrogation.)

According to SSCI authors, at these July meetings Mitchell proposed a number of techniques that later became the "enhanced interrogation program," including at least one, "mock burial," that was ultimately rejected. The techniques were drawn from the SERE program Mitchell had worked in for years. But instead of familiarizing students with what such torture should look like, and helping them practice ways to survive or resist such torture, now the techniques would be applied to break down prisoners.

Oddly, the CIA's 2013 response to the SSCI on these matters, owned up to fact the turn towards torture did not originate with Mitchell. This is in contrast to mainstream reports about the origins of the EIT program, but is consistent with the facts as stated by the SSCI itself in the report's executive summary.

According to the CIA, "Drs. [SWIGERT] and [DUNBAR] [Mitchell and Jessen] had the closest proximate expertise CIA sought at the beginning of the program, specifically in the area of non-standard means of interrogation. Experts on traditional interrogation methods did not meet this requirement. Non-standard interrogation methodologies were not an area of expertise of CIA officers or of the US Government generally. We believe their expertise was so unique that we would have been derelict had we not sought them out when it became clear that CIA would be heading into the uncharted territory of the program" (italics and emphasis in original)."

The SSCI report editorializes: "As noted above, the CIA did not seek out SWIGERT and DUNBAR after a decision was made to use coercive interrogation techniques; rather, SWIGERT and DUNBAR played a role in convincing the CIA to adopt such a policy."

Certainly Mitchell and Jessen "played a role," but that is not the same as originating the program. Indeed, much later in the report, SSCI explains that in the April 1 meeting, the interrogation proposals then under consideration came from Mitchell and SWIGERT, and the CIA OTS Officer who had recommended SWIGERT to [1-2 words redacted]. Mitchell is said to be advocating even then the development of "learned helplessness" in CIA prisoners. (See pp. 463-464). It was CTC and ALEC Station which initiated the request for "novel" techniques from OTS, and later apparently asked for Mitchell to come to Thailand.

I don't think we know the full story yet. For some reason, the SSCI report does not include the fact that the OTS was the part of the CIA that sent data on the effects from SERE torture techniques to the Office of Legal Council, which under John Yoo was writing an opinion that would allow the CIA to "legally" use the controversial techniques, which the CIA knew could be considered torture.

OTS, MKULTRA, and SERE Research

OTS's role in vetting the EITs was mentioned in the CIA's Inspector General report on the interrogation program. Like other aspects of the torture scandal concerning OTS division, the press has generally ignored this. But this was something I reported on back in 2009, when the IG report was first released.

The fact OTS was involved in vetting the EITs to OLC gains greater significance when you realize that James Mitchell was working with OTS, and that OTS (and their contractor Mitchell) was intricately involved with both CTC and ALEC Station in creating the torture program.

There's one final aspect to the OTS angle worth mentioning. OTS apparently told OLC that the SERE techniques would not seriously harm CIA prisoners. But that was certainly wrong. Moreover, it's highly unlikely OTS didn't know that.

OTS has been part of the CIA's Directorate of Science and Technology (DS&T) since the early 1970s. It was transferred from the Directorate of Plans (clandestine operations, renamed around that time, the Directorate of Operations). OTS had earlier gone under other names itself, including Technical Service Staff and Technical Services Division. OTS and its predecessors had been involved in arranging the technical aspect of covert operations, including audio surveillance, forgery, secret writing, spy paraphenalia, sophisticated electronics, and assassination devices.

Then, there was the massive MKULTRA project, which had other names as well, and was coordinated in various ways with similar military programs. MKULTRA had well over a hundred "subprojects," and contracted with many of the U.S.'s top universities and medical and psychological researchers. (For listing of subprojects see here and here.)

MKULTRA research is probably best known for its use of hallucinogens, like LSD, which were sometimes used on unsuspecting civilians, and resulted in damaged lives and even deaths. Sometimes derided as subject matter for conspiracy theorists, MKULTRA and assorted programs was all-too-real. While the vast majority of its documentation was destroyed by CIA leaders with the program was exposed in the early 1970s, what we do know it terrifying.

Today, with the DS&T is another shadowy CIA entity, the Intelligence Technology Innovation Center (ITIC). One Yale psychiatric researcher associated with ITIC is Charles A. Morgan, III. Morgan has produced a prodigious amount of research on the effects of "uncontrollable stress." His research subject were SERE students at a mock torture camp.

Morgan's results showed that the debilitating effects of SERE techniques caused stress cortisol levels, according to one Morgan research paper, to soar to “some of the greatest ever documented in humans.” Another study cited “neuroendocrine changes... [that] may have significant implications for subsequent responses to stress,” including massive drops in testosterone levels when exposed to even mock torture.

Morgan used to deny his CIA links, but lately has taken to admitting his CIA past. He was interviewed by James Risen for Risen's new book, Pay Any Price, but told Risen he did not have any associations with interrogations. But he had met James Mitchell.

It is possible that Mitchell knew of Morgan's work. It is even possible that Morgan had more to do with the interrogation program than we know. He told Risen that he left the CIA because of a dispute over torture with his colleagues. But Risen never followed up with that part of the story, or at least reported on it in any detail.

Some of the research under MKULTRA and associated programs, like BLUEBIRD or ARTICHOKE, included emphasis on hypnosis, drugs, and sensory deprivation, all techniques that were later incorporated into the early 1960s CIA torture manual, known as KUBARK. The SSCI report mentions KUBARK, and earlier this year, I obtained via FOIA the most complete version of the KUBARK document we currently have.

Risen also never mentioned Morgan's history of research on SERE, and a chance to learn more from Morgan about his own actions and the possible effect or interactions of his work with the CIA's enhanced interrogation techniques by the OTS, which is under the same CIA directorate where Morgan worked, was lost, at least for the time being.

"Novel Telemetric Technology"

One possible way OTS could have used Morgan's work concerns his work on "The Warfighter's Stress Response: Telemetric and Noninvasive Assessment." That study, undertaken in 2001 and 2002, used SERE mock torture students, among others, to develop "novel telemetric technology... for untethered measurements of heart rate variability (HRV)."

Morgan and his co-authors concluded, "The results show that assessment of HRV provides a noninvasive means of evaluating the neural systems intimately involved in the capacity to attend to and respond to a threat. These findings linking HRV to cognitive performance robustly support the utility of HRV in the assessment of human performance." It is not impossible to imagine that such "novel telemetric technology" would be used to assess the response of CIA prisoners to the experience of torture, or that OTS would be interested in providing and perfecting such technology for the CIA's clandestine services.

The SSCI report has helped bring the origins of the CIA post-9/11 interrogation/torture program into even sharper focus. But the failure of the press to even notice, with rare exception, the role of OTS, or its history in clandestine actions, including MKULTRA work, means that a full exploration of CIA's torture program cannot take place.

To watch VICE News' exclusive interview with James Mitchell, go here.

This story is cross posted at The Dissenter/FDL




Sunday, December 7, 2014

APA "Independent" Torture Review Led by Attorney Who Worked With CIA's Tenet

The Senate Select Committee on Intelligence report on the CIA's interrogation-torture program may or may not be released in truncated form this week, but it is not the only investigation bearing upon the U.S. torture program that promises new revelations.

A much-touted "independent review" initiated by the American Psychological Association (APA) into charges it secretly supported the Bush administration's policy of torture after 9/11 turns out to be led by a man who worked with the CIA's George Tenet and Kenneth J. Levit over twenty years ago. Tenet went on to become Director of the Central Intelligence Agency during the period the CIA initiated a torture and extraordinary rendition program. Levit was Tenet's choice for special counsel at CIA from 1998-2000.

David Hoffman, a Chicago attorney for the international law firm Sidley Austin, was handpicked by APA as an "independent reviewer" to investigate charges in a new book by New York Times writer James Risen that some of the American Psychological Association's (APA) top leadership colluded with the CIA and the U.S. military in the implementation of the Bush Administration's torture program. Hoffman is to report to a "special committee" drawn from APA's Board of Directors.

His Sidley Austin biography states that Hoffman "has conducted and directed many internal investigations involving serious allegations of fraud and corruption, frequently under intense media scrutiny.... His investigative experience in the public and private sectors has ranged from long-term, multi-national federal criminal investigations involving large teams of investigators and many wiretaps, to internal investigations involving senior corporate and political officials, lower-level employees, corporate entities, and others."

In a November 12 press release, APA called Risen's charges "highly charged and very serious." The release stated, "The independent reviewer [Hoffman] will consider and report to the special committee as to whether APA colluded with the Bush administration, CIA or U.S. military to support torture during the war on terror."

In an e-mail exchange, I asked Hoffman to comment on his links to Tenet and Levit when he worked as a Press Secretary and legislative assistant on foreign policy in Sen. David Boren's office. At the time, Boren was director of the Senate Select Committee on Intelligence (SSCI), and George Tenet was SSCI's staff director.

Hoffman replied, "Yes, I worked with George Tenet and Ken Levit when I served on Senator David Boren’s staff over 20 years ago, prior to attending law school, from 1990 to 1992. I was on Senator Boren’s personal staff, as was Mr. Levit, while Mr. Tenet was on the Senate Intelligence Committee staff. Since then, I have not worked with either of them. Over the last ten years, I have seen and spoken with each of them occasionally, probably on a handful of occasions."

I asked Hoffman under what kinds of circumstances he spoke to Tenet and Levit in the past ten years, or whether he felt past associations could produce any kind of bias. Hoffman did not explain the nature of those contacts, except to say they amounted to "limited, occasional contact."

Hoffman wrote, "I appreciate your questions but I can assure you that my knowing Mr. Tenet and Mr. Levit from a job I held 22 years ago – before I was in law school and well before they were at the CIA – and my limited, occasional contact with them since then will have no bearing on how we conduct our review or our willingness to reach particular conclusions about the APA, the CIA, or any entity or individual. I can assure you that our review will be independent and driven solely by the evidence we are able to gather."

One example of Hoffman's work in Boren's office was recounted in a May 9, 1991 article in the Los Angeles Times, which identified Hoffman as a "spokesman for Senate Intelligence Committee Chairman David L. Boren." The article quoted Hoffman as stating Boren's support for the potential nomination of Robert M. Gates as CIA director. Gates, who indeed did serve as CIA Director in the early 1990s, later served as Secretary of Defense under both George W. Bush and Barack Obama, running DoD during nearly half the time Guantanamo has been open as a "war on terror" strategic interrogation and detention center.

Hoffman's resume after leaving Sen. Boren's office has other links worth noting. He followed his Senate job with law school at the University of Chicago, and then clerkships for two conservative judges, U.S. Court of Appeals Judge Dennis Jacobs, and Chief Justice William Rehnquist. Hoffman later went to work as an Assistant U.S. Attorney with the U.S. Attorney’s Office in Chicago under Patrick Fitzgerald, and a stint as Inspector General for the City of Chicago. According to an article in The Hill, in 2010 Hoffman engaged David Axelrod's former media firm, AKPD, in a run for Democratic nominee for the Senate in Illinois. Hoffman lost, but his political career may not be over.

As regards any potential links to APA itself, Hoffman stated, "I have never done any work for or with the APA or any of its affiliated organizations or individuals. And a search shows that Sidley has not done any work for the APA, any affiliated entity, or any individual who is affiliated with the APA in Sidley’s records for at least the last ten years."

None of the press reports thus far, including articles in Science, The Intercept, and Forbes, have mentioned Hoffman's Tenet link. James Risen's article in the New York Times never mentions it. The same is true for statements by either the APA or the Coalition for an Ethical Psychology (CEP), a group of psychologists who have been highly critical of APA's policy of supporting use of psychologists in national security interrogations.

APA itself seemed to be nonplussed by the fact their "independent reviewer" had a past association with the man who would later lead his organization in the implementation of the very torture program the APA is charged with abetting. In an e-mail exchange with Rhea K. Farberman, Executive Director of APA's Public and Member Communications, Farberman said, "Mr. Hoffman was selected after a review process based on his experience as an investigator and in conducting independent reviews. We have full confidence in Mr. Hoffman’s ability to do a thorough and unbiased review."

Farberman said Hoffman was one of two attorneys first considered for the job, and that the "selection process was managed by APA senior staff."

APA is certainly not unaware of the influence of former Sen. David Boren on national security issues. APA's website listing of scholarships, grants and awards includes the David L. Boren Scholarship Program, which is sponsored by the National Security Education Program (NSEP). The National Security Education Board, which administers the Boren scholarship and similarly named fellowship, includes members of the Office of the Director of National Intelligence, Department of Homeland Security, Booz Allen Hamilton, the departments of State, Defense, Energy, and Education, and the CIA (see PDF, p. 8).

The NSEP was established by law in 1991. Sen. Boren authored the bill that created it. According to NSEP's own website, the program is "critical to U.S. national security." Furthermore, it states, "The program is implemented by the Secretary of Defense, who has delegated his authority to the Under Secretary of Defense for Personnel and Readiness."

Hoffman is not known to have any association with the NSEP Boren scholarships or fellowship programs, but the program was a special project of Boren's office while Hoffman worked there.

Actual or Perceived Bias

The unbiased nature of the APA-initiated investigation is called into question not only by the chief investigator's links to the former head of the CIA, with which APA is charged with collusion, but also by the constitution of the APA's "special committee."

According to APA's press release, APA's committee consists of "2014 APA President Dr. Nadine Kaslow, 2015 President- Elect Dr. Susan McDaniel and APA CEO Dr. Norman Anderson. The special committee will be assisted by APA General Counsel Nathalie Gilfoyle."

In a undated response to APA's announcement of its "independent review," CEP issued a public announcement of its concerns about the investigation. First among these was the participation of CEO Anderson. According to the CEP statement, "The allegations in Risen’s book include claims of inappropriate activity by two top APA officials, the Ethics Office and Science Policy Directors. These officials reported directly to Dr. Anderson’s office, and Dr. Anderson had operational responsibility for APA actions during the entire post-9/11 period under review.... it is entirely inappropriate for Dr. Anderson, or any other APA leader who may be a subject of the investigation, to have any involvement, however tangential, in this process."

CEP has called for an investigation of Anderson's office. It also said the APA Special Committee should "include the participation of an equal number of prominent critics of APA policies regarding relations with national security agencies in general and interrogation and detention operations in particular." [Note: Since going to press, I've been told Anderson has since left the APA review committee. He's been replaced by APA Treasurer Bonnie Markham. Markham has her own history supporting the presence of psychologists in national security interrogations, as seen in this transcript from a discussion at the APA 2007 convention.]

But Anderson is not the only person who may or may not have bias on the committee. Both Kaslow and McDaniel have long histories at APA. Dr. Kaslow's mother, Florence Kaslow, was a former president of APA's Family Psychology division, and a past winner of APA's Distinguished Contributions to the International Advancement of Psychology Award. She also founded Division 41 of the APA, the division on Psychology and the Law, which is widely considered the division that concerns itself with forensic psychology. Div. 41 has in the past produced work around controversies in the science of interrogation, such as the production of false confessions.

Would Nadine Kaslow help render a decision that would taint the reputation of APA? One can't know, but without the presence of countervailing forces on the committee, it's hard to imagine Kaslow bucking any trend to cover-up past APA misdeeds.

Last February, Dr. Kaslow reportedly told APA supporters who lost a bid within the organization to ban psychologists from working with military interrogations, that she would work with them to get the proposal reintroduced at last summer's annual APA convention. But the interrogation ban was never reintroduced. (It "lost" in February only because it failed to get 2/3 of the votes needed; instead it got 53%.)

Dr. McDaniel, along with CEO Anderson, are both members of APA's Division 19, the Society for Military Psychology. Division 19 has been a strong supporter of the presence of psychologists at national security interrogations, including at Guantanamo.

As further evidence of potential bias, in 2007 Dr. McDaniel was the co-recipient of the $50,000 Psyche award from the APA-linked American Psychological Foundation (APF) and the Nicholas and Dorothy Cummings Foundation. While there is no indication that Dr. McDaniel would let the award money influence her handling of "highly charged and very serious" charges against APA top personnel, the appearance of bias attaches to her participation by virtue of the large cash award.

The APF Board of Trustees include APA CEO Anderson, as well as psychologists Gerald Koocher, APF Treasurer, and Ronald F. Levant. Both Koocher and Levant were identified in an article by a former APA official Byrant Welch as strong proponents at APA of psychologist participation in interrogations.

According to numerous accounts, including one at the Washington Monthly in January 2007, "in February 2005, Koocher and APA president Ronald Levant led the creation of the blue-ribbon, 10-member Psychological Ethics and National Security (PENS) task force to study the problem" of psychologist's ostensible ethical participation in military and CIA interrogations.

The stacking of the PENS task force with members of the military and intelligence community was the source of later scandal. Not surprisingly, PENS issued a report which supported the continuing presence of psychologists in interrogations. The machinations behind the appointments for the task force forms a central part of the charges of CIA collusion in Risen's book.

An Opaque Review

New York Times writer James Risen made headlines with revelations stemming from his book, Pay Any Price: Greed, Power, and Endless War. Not least of these was a chapter that centered on links between APA officials and members of the Department of Defense and CIA. Risen's central evidence concerns various emails from a former RAND researcher, Scott Gerwehr. Gerwehr died in an motorcycle accident in 2008, but his emails and possibly other documents from his computer were mysteriously obtained by Risen and former Physicians for Human Rights official Nathaniel Raymond. The emails were reportedly turned over to the FBI, who did nothing with them.

Risen has refused thus far to publicly release the emails, so we do not know all the people who may have been involved in the alleged APA collusion. But Risen does name as involved in connivance with CIA and DoD on interrogation policy, Geoff Mumford, former director of Science Policy at APA (now associate executive director, Science Policy); former APA Senior Scientist, and Bush administration science official, Susan Brandon, who is currently Chief of Research for President Obama's High-Value Interrogation Group (HIG); and Stephen Behnke, APA Ethics Office director. (Neither Koocher nor Levant are named in Risen's book.)

The central incidents include a July 2004 email invite, which included top CIA and military psychologists, from Behnke to attend a private meeting to discuss ethical issues for psychologists in the wake of the Abu Ghraib torture revelations.

Behnke wrote: "The purpose of the meeting is to bring together people with an interest in the ethical aspects of national security-related investigations, to identify the important questions, and to discuss how we as a national organization can better assist psychologists and other mental health professionals sort out appropriate from inappropriate uses of psychology." [Risen, James (2014-10-14). Pay Any Price: Greed, Power, and Endless War (p. 198). Houghton Mifflin Harcourt. Kindle Edition.]

Behnke stressed attendance at the meeting would be kept secret. He reportedly wrote that APA wanted to "convey a sensitivity to and appreciation of the important work mental health professionals are doing in the national security arena” (p. 198).

The other primary piece of evidence Risen presents is a July 2005 email from Geoff Mumford to CIA psychologist Kirk Hubbard. According to Risen, who quotes the email: "Mumford thanked Hubbard for helping to influence the outcome of the task force. 'I also wanted to semi-publicly acknowledge your personal contribution... in getting this effort off the ground,” Mumford wrote. 'Your views were well represented by very carefully selected task force members'” (p. 200).

The CEP's statement in response to the APA's announcement of the "independent review" zeroed in on the nature of the APA's alleged collusion.

"The main allegations of APA collusion do not involve the direct promotion of torture," the CEP statement said. "Rather, the central concern targets the access and oversight that APA leaders apparently gave to Bush administration, CIA, and Defense Department officials to shape APA policies in a way that would allow continued psychologist involvement in abuses. That is, the primary issue is potential institutional corruption that served the interests of those promoting the enhanced interrogation program, not direct involvement in that program."

Whatever the involvement, one problem with Risen's book is that it buries the long history of such involvement, a history that the APA itself once owned up to many years ago, as exemplified in this December 1977 article in the APA house organ, APA Monitor. Risen also claims that before the "war on terror," "the U.S. military had a well-earned reputation for the humane treatment of prisoners of war" (p. 168). Apparently Risen never heard, for instance, about the tiger cages at Con Son Island during the Vietnam War, or Project Phoenix.

Everyone, myself included, who writes or works on the controversy around U.S. torture has an agenda of some kind. It's important that the public know what that agenda might be, whether it comes from Jeff Kaye, James Risen, APA, or David Hoffman.

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