Torture of U.S. citizens by the Bush administration

www.dailykos.com

Mon Sep 19, 2011 at 10:31 PM PDT
by Ralph Lopez

Former Secretary of Defense Donald Rumsfeld has been stripped of legal immunity for acts of torture against US citizens authorized while he was in office. The 7th Circuit made the ruling in the case of two American contractors who were tortured by the US military in Iraq after uncovering a smuggling ring within an Iraqi security company. The company was under contract to the Department of Defense. The company was assisting Iraqi insurgent groups in the "mass acquisition" of American weapons.

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Republican Senator Lindsey Graham told reporters in 2004 of photos withheld by the Defense Department from Abu Ghraib, “The American public needs to understand, we’re talking about rape and murder here...We’re not just talking about giving people a humiliating experience. We’re talking about rape and murder and some very serious charges.” And journalist Seymour Hersh says: "boys were sodomized with the cameras rolling. And the worst above all of that is the soundtrack of the boys shrieking that your government has."

Rumsfeld resigned days before a criminal complaint was filed in Germany in which the American general who commanded the military police battalion at Abu Ghraib had promised to testify. General Janis Karpinski in an interview with Salon.com was asked: "Do you feel like Rumsfeld is at the heart of all of this and should be held completely accountable for what happened [at Abu Ghraib]?"

Karpinski answered: "Yes, absolutely." In the criminal complaint filed in Germany against Rumsfeld, Karpinski submitted 17 pages of testimony and offered to appear before the German prosecutor as a witness. Congressman Kendrick Meek of Florida, who participated in the hearings on Abu Ghraib, said of Rumsfeld: "There was no way Rumsfeld didn’t know what was going on. He’s a guy who wants to know everything."

And Major General Antonio Taguba, who led the official Army investigation into Abu Ghraib, said in his report:

"there is no longer any doubt as to whether the [Bush] administration has committed war crimes. The only question is whether those who ordered the use of torture will be held to account."

Amazingly, the two American contractors in the 7th Circuit decision were known by the military to be working undercover for the FBI, to whom they had reported witnessing the sale of U.S government munitions to Iraqi rebel groups. The FBI in Iraq had vouched for Vance and Ertel numerous times before they nevertheless disappeared into military custody. They were held at Camp Cropper in Iraq where the two were tortured, one for 97 days, and the other for six weeks.

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The forms of torture employed against the Americans included "techniques" which crop up frequently in descriptions of Iraqi and Afghan prisoner abuse at Bagram, Guantanamo, and Abu Ghraib. They included "walling," where the head is slammed repeatedly into a concrete wall, sleep deprivation to the point of psychosis by use of round-the-clock bright lights and harsh music at ear-splitting volume, in total isolation, for days, weeks or months at a time, and intolerable cold.

The 7th Circuit ruling is the latest in a growing number of legal actions involving hundreds of former prisoners and torture victims filed in courts around the world. Criminal complaints have been filed against Rumsfeld and other Bush administration officials in Germany, France, and Spain. Former President Bush recently curbed travel to Switzerland due to fear of arrest following criminal complaints lodged in Geneva. "He's avoiding the handcuffs," Reed Brody, counsel for Human Rights Watch, told Reuters. And this month Canadian citizens forced Bush to cancel an invitation-only appearance in Toronto.

The Mayor of London threatened Bush with arrest for war crimes earlier this year should he ever set foot in his city, saying that were he to land in London to "flog his memoirs," that "the real trouble — from the Bush point of view — is that he might never see Texas again."

Former Secretary of State Colin Powell's Chief-of-Staff Col. Lawrence Wilkerson surmised on MSNBC earlier this year that soon, Saudi Arabia and Israel will be "the only two countries Cheney, Rumsfeld and the rest will travel too."

What would seem to make Rumsfeld's situation more precarious is the number of credible former officials and military officers who seem to be eager to testify against him, such as Col. Wilkerson and General Janis Karpinsky.

In a signed declaration in support of torture plaintiffs in a civil suit naming Rumsfeld in the US District Court for the District of Columbia, Col. Wilkerson, one of Rumsfeld's most vociferous critics, stated: "I am willing to testify in person regarding the content of this declaration, should that be necessary." That declaration, among other things, affirmed that a documentary on the chilling murder of a 22-year-old Afghan farmer and taxi driver in Afghanistan was "accurate." Wilkerson said earlier this year that in that case, and in the case of another murder at Bagram at about the same time, "authorization for the abuse went to the very top of the United States government.”

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Contradicting, on the record, a February 2003 statement by Rumsfeld's top commander in Afghanistan at the time, General Daniel McNeill, that “we are not chaining people to the ceilings," is Spc. Willie Brand, the only soldier disciplined in the death of Dilawar, with a reduction in rank. Told of McNeill's statement, Brand told Scott Pelley on 60 Minutes: "Well, he's lying." Brand said of his punishment: "I didn't understand how they could do this after they had trained you to do this stuff and they turn around and say you've been bad"

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One of them took my penis in his hand and began to make cuts. He did it once, and they stood still for maybe a minute, watching my reaction. I was in agony. They must have done this 20 to 30 times, in maybe two hours. There was blood all over. "I told you I was going to teach you who's the man," [one] eventually said.

They cut all over my private parts. One of them said it would be better just to cut it off, as I would only breed terrorists. I asked for a doctor."

I was in Morocco for 18 months. Once they began this, they would do it to me about once a month. One time I asked a guard: "What's the point of this? I've got nothing I can say to them. I've told them everything I possibly could."

"As far as I know, it's just to degrade you. So when you leave here, you'll have these scars and you'll never forget. So you'll always fear doing anything but what the US wants."

Later, when a US airplane picked me up the following January, a female MP took pictures. She was one of the few Americans who ever showed me any sympathy. When she saw the injuries I had she gasped. They treated me and took more photos when I was in Kabul. Someone told me this was "to show Washington it's healing".

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The Obama Justice Department's active involvement in seeking the dismissal of the cases is by choice, as the statutory obligation of the US Attorney General to defend cases against public officials ends the day they leave office. Indeed, the real significance of recent court decisions, the one by the 7th Circuit and yet another against Rumsfeld in a DC federal court, may be the clarification the common misconception that high officials are forever immune for crimes committed while in office, in the name of the state. The misconception persists despite just a moment of thought telling one that if this were true, Hermann Goering, Augusto Pinochet, and Charles Taylor would never have been arrested, for they were all in office at the time they ordered atrocities, and they all invoked national security.

Judge Kessler's findings point to yet another even more alarming aspect of the Bush-era crimes for which Rumsfeld is now being pursued for his part. And that is the emerging evidence that the tortures perpetrated were not designed to protect national security at all, but to obtain false confessions in order to score propaganda points for the War on terror.

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The worst of the worst is that Rumsfeld's logic strikes directly at the foundations of our democracy and the legitimacy of the War on Terror. The torture methods studied and adopted by the Bush administration were not new, but adopted from the Survival, Evasion, Resistance, and Escape program (SERE) which is taught to elite military units. The program was developed during the Cold War, in response to North Korean, Chinese, and Soviet Bloc torture methods. But the aim of those methods was never to obtain intelligence, but to elicit false confessions. The Bush administration asked the military to "reverse engineer" the methods, i.e. figure out how to break down resistance to false confessions.

In the 2008 Senate Armed Services Committee report which indicted high-level Bush administration officials, including Rumsfeld, as bearing major responsibility for the torture at Abu Gharib, Guantanamo, and Bagram, the Committee said:

"SERE instructors explained "Biderman's Principles" – which were based on coercive methods used by the Chinese Communist dictatorship to elicit false confessions from U.S. POWs during the Korean War – and left with GTMO personnel a chart of those coercive techniques."

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This could go far toward explaining why the Bush administration seemed so tone-deaf to intelligence professionals, including legendary CIA Director William Colby, who essentially told them they were doing it all wrong. A startling level of consensus existed within the intelligence community that the way to produce good intelligence was to gain the trust of prisoners and to prove everything they had been told by their recruiters, about the cruelty and degeneracy of America, to be wrong.

But why would the administration care about what worked to produce intelligence, if the goal was never intelligence in the first place? What the Ponzi scheme of either innocent men or low-level operatives incriminating each other DID accomplish, was produce a framework of rapid successes and trophies in the new War on Terror.

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