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The Unjustifiable Defense of Torture and Guantánamo
With the reported assassination of Osama bin Laden, one of the most alarming responses has been a kind of casual and widespread acceptance that the death of America’s number one bogeyman would not have been achieved without the use of torture, and without the existence of Guantánamo.
This is wrong on both fronts, as Jane Mayer of the New Yorker explained in response to an early manifestation of the story, put out by torture apologists Liz Cheney and Bill Kristol:
It may have taken nearly a decade to find and kill Osama bin Laden, but it took less than twenty-four hours for torture apologists to claim credit for his downfall.
Keep America Safe, an organization run by former Vice President Dick Cheney’s daughter Liz Cheney and Bill Kristol, released a victory statement today that entirely failed to mention President Obama, but lavishly credited “the men and women of America’s intelligence services who, through their interrogation of high-value detainees, developed the information that apparently led us to bin Laden.”
Funny. You would think that if the CIA’s interrogation of high-value detainees was all it took, the US government would have succeeded in locating bin Laden before 2006, which is when the CIA’s custody of so-called “high-value detainees” ended. Instead, after the Supreme Court ruled that year that prisoners needed to be treated humanely in compliance with the Geneva Conventions, the CIA was forced to turn its special detainees over to the military for detention and interrogation using more lawful tactics in Guantánamo Bay, Cuba. It took five more years before all the dots could be adequately connected.
Although it was suggested that the key to bin Laden’s killing — tracking down one of his most trusted couriers — began with the interrogation of the “high-value detainee” Khalid Sheikh Mohammed during his long detention in secret CIA prisons, from March 2003 to September 2006, involved the interrogation in 2004 of a “ghost prisoner,” Hassan Ghul, who was never held at Guantánamo, and was followed up during the interrogation of another “high-value detainee,” Abu Faraj al-Libi, seized in Marwan, Pakistan, in May 2005 and also held in secret CIA prisons until September 2006, when he, KSM and 12 others were transfered to Guantánamo, the only parts of the story that involved detention in secret prisons were the disclosure by Khalid Sheikh Mohammed of the kunyas (nicknames) used by various couriers, and it has not been suggested that torture was used in extracting this information, and the interrogation of Hassan Ghul, seized in Iraq, and held in unknown locations.
As the Associated Press reported, “four former US intelligence officials” told them that KSM had yielded the names of “several of bin Laden’s couriers” while being held in “a secret prison in Eastern Europe” — in other words, in Poland or Romania, where he was held in 2003 and 2004. In relation to Hassan Ghul, the New York Times reported that, “according to current and former officials briefed on the interrogations,” Ghul “provided a crucial description of the courier” after “some tough treatment.” It would be useful, of course, if Ghul could one day be asked about what happened, but that seems unlikely as, although he is now being referred to widely in the mainstream media, and also turns up regularly in the classified military documents released last week by WikiLeaks, his whereabouts are completely unknown, as he is one of dozens of “ghost prisoners” held by the Bush administration in its shadowy network of secret CIA prisons, who never ended up in Guantánamo. As such, it would be appropriate if those mentioning him in the media were to ask what happened to him, but now, it seems, “ghost prisoners” can be summoned up without context in news stories, as though their actual existence — their life or death — is completely irrelevant.
A clear sign of the distortions seeping into media reports was to be found elsewhere in the AP report, when the authors, Adam Goldman and Matt Apuzzo, claimed that “The revelation that intelligence gleaned from the CIA’s so-called black sites helped kill bin Laden was seen as vindication for many intelligence officials who have been repeatedly investigated and criticized for their involvement in a program that involved the harshest interrogation methods in US history.” That shameful defense of torture in secret CIA prisons — in which torture itself was coyly and dishonestly referred to as “the harshest interrogation methods in US history” –was followed up by a bullish, triumphalist quote from Marty Martin, described as “a retired CIA officer who for years led the hunt for bin Laden,” who said, “We got beat up for it, but those efforts led to this great day.”
Only in the next paragraph did the AP deign to acknowledge that Khalid Sheikh Mohammed “did not reveal the names while being subjected to … waterboarding,” which was described, as is usual in the mainstream media, as a “simulated drowning technique,” even though it is a torture technique, recognized as such for centuries, and does not involve anything simulated at all.
After finally explaining that KSM “identified them [the couriers] many months later under standard interrogation,” the AP concluded that these revelations left it “once again up for debate as to whether the harsh technique was a valuable tool or an unnecessarily violent tactic.”
Readers will, I hope, realize how everything in these passages from the AP confirms what I described at the start of this article as the “casual and widespread acceptance” that bin Laden’s death “would not have been achieved without the use of torture, and without the existence of Guantánamo,” as the KSM element of the story, which, the AP eventually conceded, did not involve torture, and the main part of the story actually involved the name of a key courier being disclosed in 2007, at Guantánamo, by Abu Faraj al-Libi (as revealed in his Detainee Assessment Brief, released by Wikileaks last week). Even then, it took another two years until US officials were able to identify where this particular courier operated, and they didn’t manage to locate the actual compound in which bin Laden was found and killed until August last year.
As a defense of torture, the bin Laden trail is therefore useless, as Jane Mayer explained. “This timeline doesn’t seem to provide a lot of support for the pro-torture narrative,” she wrote, adding, “One would think that if so-called ‘enhanced interrogations’ provided the magic silver bullet, and if the courier was a protégé of KSM’s, then the CIA might have wrapped this up back in 2003, while they were waterboarding the 9/11 mastermind a hundred and eighty-three times.”
Moreover, as a defense of Guantánamo — also implied in the general tenor of the reporting suggesting that there should be a renewed “debate” about torture — it also fails. “High-value detainees” like Khalid Sheikh Mohammed and Abu Faraj al-Libi should never have been tortured, but had they been interrogated lawfully they would still have been recognized as particularly significant prisoners, and therefore the extraction of information from them has absolutely nothing to do with Guantánamo.
Rather than being a prison focused on securing intelligence from a handful of significant prisoners, Guantánamo was — and still is, fundamentally — an abomination and an aberration, an experimental facility in which prisoners seized in a largely random manner were held neither as prisoners of war, protected by the Geneva Conventions, nor as criminal suspects to be put forward for trials, but as “unlawful enemy combatants,” a category of prisoner invented by the Bush administration, who were supposed to be held without any rights whatsoever for as long as George W. Bush wished, and interrogated for “actionable intelligence” in whatever way the Commander in Chief saw fit.
Alarmingly, Benjamin Wittes of the Brookings Institution, an advocate of indefinite detention without charge or trial for “War on Terror” prisoners, has tried to claim that what the news about the information that led to bin Laden’s death demonstrates is the opposite: that it justifies the limitless dragnet conceived by the Bush administration in the early years of its “War on Terror,” in which as many people as possible should be rounded up and interrogated for years — or decades — to produce pieces of a larger “mosaic” of intelligence.
In Wittes’ words, the account of how the information was obtained “strongly supports what intelligence community folks have long argued about the way good operational intelligence comes about.” He continued by claiming that “Information has a very long life,” that it “gets put together piece by piece in a kind of mosaic over many years,” and, moreover, that “one doesn’t necessarily know what the significant pieces will be when one is collecting the information.”
Not only is this not backed up by the evidence about the “high-value detainees,” rather than the general population of Guantánamo, but anything that tries to revisit the worst years of the Bush administration, and to justify holding hundreds, or thousands of prisoners for what they may be able to conribute to some sort of limitless “mosaic” of intelligence, still fills me with chills, as do attempts to defend the use of torture.
On that front, the most significant comments I have read over the last few days have come from former FBI agent Jack Cloonan. I have regularly quoted from Cloonan and his colleague Dan Coleman, discussing their abhorrence of torture and their defense of rapport-building and psychological, torture-free interrogations with Jane Mayer of the New Yorker back in 2006, so I was delighted to see that David Danzig of Human Rights First also drew on an interview with Cloonan in an article on Tuesday, “Five Reasons Why Torture Did Not Help U.S. Forces Find Bin Laden.”
Danzig wrote:
Some will argue that it was only thanks to the waterboarding that KSM and al-Libi were willing to talk at all. This notion is rejected by the more than 75 interrogators, questioners and debriefers with the military, the FBI and the CIA who I have spoken to in depth about this subject since the revelations of abuse at Abu Ghraib. I have yet to speak to a professional interrogator who believes that torture is an effective means of questioning suspected terrorists.
Jack Cloonan who served on the FBI’s Osama Bin Laden unit for 6 years told me that during an interrogation (or what the FBI calls an interview) the goal was to, “work towards the objective of getting this person to cross the threshold and become, in effect, a traitor to their own cause.”
According to Cloonan, “the Al-Qaeda people that I dealt with were all very sophisticated in terms of their language skills and understanding of what was at stake.” Cloonan said that it essentially became a question of whether he could offer the detainee enough of what he wanted (protection for his family, more lenient sentencing/incarceration etc.) to convince him to talk. “They struggled,” he said, “with whether or not I was being truthful and I was going to honor everything I said.”
If you gave the detainee any reason not to trust you, there is no negotiation, Cloonan explained. The detainee won’t be willing to bargain with giving up his knowledge in exchange for something the interrogator can provide. He simply won’t trust you. Torture, Cloonan says, shatters any possibility for trust. “It changes the dynamic,” Cloonan said. “And once you have gone down that path, in my experience there is no going back.”
My conclusion, then? Without torture, Osama bin Laden might have been found many years ago. Torture remains illegal, as well as counter-productive, and attempts to revive it as a topic for “debate” are as vile and unprincipled as attempts to claim that the death of Osama bin Laden somehow justifies the ongoing existence of Guantánamo.
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53 Comments so far
Show AllI grew up in the 1950s. In school, and later in the service, we were told that "Americans do not commit atrocities". Of course this is bull. However, our more humane treatment of POWs won us a lot of converts in WWII and Korea. There is no justification for torture. Oh yes, I forgot, it isn't torture if the US does it, it's only torture if other countries do it.
Actually, the attitude is quickly evolving into: "Yeah, we commit torture, we commit atrocities. And we're proud of it."
Re: Proud America Tortures. Scary, but that is the attitude I run up against. It's really easy to understand, if you allow tasers, which is nothing more than torture (using pain to force compliance) then you must also allow waterboarding. The justifications for the one are the same as for the other.
Yes, it is disturbing how many people vicariously get off on the idea of torture, saying "Yes!" with their fist and teeth clenched. It seems to be payback for all the doubts and fears they can't consciously cop to. They feel tough without having to actually do anything themselves.
The real torture is the sociopathic, psychopathic, psychobabble by the deranged Lynn Cheney and Kristol.
Good article. The only thing I see missing is the fact that numerous detainees, certainly some who were randomly taken, became Al Qaeda recruits because of the treatment they got. We are being consumed by the fires we set to fight the fires we flee.
Of course, that's part of the plan: Always ensure an adequate supply of enemies.
"always blame someone else". This is the result of the doctrines of the pretend christians which is "I'm not responsible, god told me to do it and/or Satan made me do it but I'm not responsible". This phony doctrine provides the appeal of christianity as history dictates human kind will avoid being responsible and the pretend christian preachers[Biblical Harlots}provides the cover of "I'm not responsible" for the politicians, businesses, persons and themselves which legitimizes the "I'm not responsible"doctrine because god told me so. It also instills mindlessness psychobabble for sociopathic, psychopathic optimism propaganda which enables the USG to use absurdities for the purpose of committing atrocities because if a society embraces the absurd it will legitimize and embrace atrocities.
It's the USG that operates without principles, it is the corporate mindset. Legally, corporations have to be amoral and unprincipled for the purpose of maximizing profits. This is the 3 month financial statements mentality. Also, the bonuses of the corporations executives are based on the short term results, not the long term. To achieve maximum bonuses the accounting standards are changed by the corporations, the government, the Federal Reserve and the so called Financial Accounting Standards Board[FASB] which has taken the toxic assets of the corporations off their books. The FASB changes it standards to comply with the fraud of the USG and the corporations so that they can operate amorally, legally. Legalized fraud, that how the USG operates to accommodate the corporations fraud. The various accounting standards boards are tools used by the USG/corporations to legitimize fraudulent accounting standards or lack thereof.
The inevitable result of America's pro-torture cheerleading stance will be that captured Americans - soldiers/mercenaries, and even citizens - will be tortured. And what will be America's response? "Well, we kinda deserve that - quid pro quo. If we torture enemies we capture, it is only to be expected that our enemies will torture ours when they capture them."
:)
No. As the ultimate hypocrite, America's response will be rabid, foaming-at-the-mouth teeth-gnashing and screams for vengeance against the "terrorists" (i.e., anyone who has the temerity to actually fight back against the U.S.) who would visit such cruel and unusual punishment against Americans. I.e., it is perfectly justified when America does something - anything - but NOT o.k. when anyone else does it.
I despise this country more with each passing day.
Absolutely right. We're people; they're subhuman scum. We're good, and therefore when we do evil, it is good; they are evil, so everything they do is evil. That's the prevailing attitude.
We're too illiterate to know we're playing right out of Nietzsche's handbook (Genealogy of Morals, to be exact), but there you have it.
No. All they've done is move him off the front burner of media attention. Sleight of hand, out of mind. Good for scribe for reminding us of Bradley.
The more articles like this I read, the more I wish there really was an afterlife. One where those who commit atrocities are actually held to account for their actions in this life. I'd also have the cheerleaders who brayed their support for these things getting toasted too.
Demonstorm is quite right about the hypocrits who'd freak if someone did unto you, what you do to others. Course, some would argue that the others who did that were really the US gov't... Meh, don't much care anymore.
Saturnalia: Why assume that, if any god exists, (s)he or they would be good? or just?
The God of Abraham certainly wasn't, although we're supposed to believe he was; and the Greeks weren't so foolish as to expect goodness or justice from theirs.
If they were evil, why worship them? Or be appalled that evil exists in the world. Shrug. The thing is that I don't believe in any god, good or evil. It would also be a bit more accurate to say that the ancient Greeks considered that their gods were nothing more than really powerful humans, with all the same flaws that we had. They were a bit more open to the idea that if humans were cows, the gods would be bovines.
The Greeks didn't believe their gods were evil; they believed that they had human characteristics: love, rage, anger, revenge, jealousy, etc. So their gods were, in human terms, both good and evil.
Which is more sensible than believing in just one god (who's never just one -- Lilith, anyone? Beelzebub? Nephilim? -- all gods by the definition we apply to non-Abrahamic religions) and ignoring all the evidence that his "goodness" is greatly exaggerated.
Every time a person is tasered, torture occurs. Torture: Using pain to force compliance or confessions. Just like those alien cultures with pain devices in Star Trek, we condone torture every day. Spare the rod and spoil the child, especially if it's a little black child. The "people" need to be tortured, or the police cannot do their job. Torture is the new American way. Get use to it. Just hope Obama never decides you're a terrorist.
the CIA had to know where bin Laden was all along.
how else could they send his paycheck?
The race to the bottom of human conduct is at warp speed while the process of civilizing human conduct is long and arduous. The USG is moving at warp speed, in god's name of course.
"The USG is moving at warp speed,"
that makes 0 a warp resident?