Righteous Indignation

If one day the situation were reversed and the fate of the vanquished lay in my hands, then I would let all the ordinary folk go and even some of the leaders, who might perhaps after all have had honourable intentions and not known what they were doing. But I would have all the intellectuals strung up, and the professors three feet higher than the rest; they would be left hanging from the lamp posts for as long as was compatible with hygiene.

—Victor Klemperer^* in his book I Will Bear Witness: A Diary of the Nazi Years

Cory Robin uses this quote to explain his dissatisfaction with American Political Science Association, which has decided to have John Yoo, a man who supported the crushing of the testicles of a child of a terror suspect to extract information.

Dr. Robins is unamused by this, and explains the parallels:

The reason Klemperer reserved such special contempt for the professors and intellectuals of the 1920s and 1930s was that professors and intellectuals played a special role in bringing on the horrors of the Nazi regime, as Claudia Koonz and other historians have documented. Not only did those professors and intellectuals provide some of the leading arguments for the rise of that regime, but they also served in that regime: as doctors, population experts, engineers, propagandists. And lawyers.

………

I fear that with this invitation to Yoo to address our profession, as if he were simply the author of controversial and heterodox opinions rather than the architect of a regime of torture and barbarity, the American Political Science Association has written itself a chapter in those future histories.

The APSA should be ashamed of themselves.

Attendees of the conference should bring extra pairs of shoes to throw at John Yoo.

^*Yes he was a cousin of actor Werner "Colonel Klink" Klemperer.

Damn! I was Hoping for a Trial in Open Court

The lawsuit agaisnt the CIA's torture psychologists has been settled, so the rest of us won't find out what they did:

A settlement in a lawsuit against two psychologists who were paid tens of millions of dollars to design torture techniques used by the CIA in black-site prisons was announced on Thursday. The terms of the settlement were undisclosed.

Two of the plaintiffs in the case, Suleiman Abdullah Salim and Mohamed Ben Soud, were held and brutalized in 2003 in a secret CIA facility in Afghanistan that prisoners called “The Darkness”. Salim, who is Tanzanian, and Ben Soud, who is Libyan, were eventually released and are now living in their home countries with their families.

A third plaintiff is a young Afghan computer engineer whose uncle, Gul Rahman, was tortured to death in November 2002 in the same facility.

The three filed the lawsuit in October 2015 against James Mitchell and John “Bruce” Jessen, contract psychologists who devised a menu of abusive interrogation methods and billed the CIA between $75m and $81m. The plaintiffs sought damages from the men for allegedly aiding and abetting torture, non-consensual human experimentation and war crimes.

You may recall that these were the guys whose lawyers inaccurately claimed that the maker of Zyklon-B weren't held liable for their aiding genocide.

I'm not happy.  Their misdeed should have been revealed to the world.

Honestly, they should be spending the rest of their lives in jail.

What a Surprise………

America's state security apparatus is using the classification review process to suppress a book that details torture at Guantanamo Bay:

A former NCIS investigator who worked at the wartime prison during the Bush administration has written a book, “Unjustifiable Means.” Now his civil liberties lawyers are asking a bipartisan group of senators for help getting the Pentagon to clear it for publication.

Retired 27-year career federal worker Mark Fallon’s manuscript “has been held up for more than seven months in ‘pre-publication review,’ and we are increasingly concerned that some in the government are committed to suppressing Mr. Fallon’s account,” the lawyers write six senators. They include Republican John McCain, the former Vietnam War prisoner, and Democrat Dianne Feinstein, who chaired the Senate Intelligence Committee when it drew up the so-called Torture Report on the Bush administration’s secret CIA prison network.

The lawyers’ letter describes what might be troubling Defense Department officials about the book:

“ ‘Unjustifiable Means’ concerns the Bush administration’s policies authorizing the cruel treatment and torture of detainees. It is an insider’s account of the moral and strategic costs of those policies and the many ways that honorable Americans working in government protested and resisted them.”

Between 2002 and 2004 Fallon was Special Agent in Charge of the Department of Defense’s Criminal Investigation Task Force, and was responsible for some interrogations and evaluating intelligence with an eye toward prosecution by military commission. He has been outspokenly critical of decision making during that period, telling the Miami Herald last year that some captives were brought to Guantánamo based on “the sketchiest bit of intelligence with nothing to corroborate.”

The did the same thing with Valerie Plame's book.

This sh%$ is getting really old.

Worst Defense Attorney Lawyers Ever

Today in complete moral and intellectual bankruptcy, counsel for the psychologists designed the CIA torture program are attempting to defend themselves against a civil suit by comparing themselves to the manufacturer of Zyklon-B, whose product was used in Nazi death camps:

As the recently departed White House press secretary demonstrated earlier this year, making comparisons to the Nazi regime’s murderous use of poison gas is rarely a good idea. That’s one reason it was so surprising that ahead of a crucial court hearing this week, defense lawyers for the two psychologists behind the CIA’s torture program compared their clients to the contractors who supplied the Nazis with Zyklon B, the poison gas used at Auschwitz and other concentration camps to murder millions of Jews and other prisoners in the Holocaust.

Psychologists James Mitchell and John “Bruce” Jessen were the architects of the CIA’s torture program. Now, in a groundbreaking lawsuit, three survivors and victims of the torture program are seeking to hold Mitchell and Jessen accountable.

This Friday in federal court in Spokane, Washington, Mitchell and Jessen’s lawyers will argue that they can’t be held responsible for their actions. In an extraordinary legal filing, Mitchell and Jessen claim they aren’t legally responsible to the people hurt by their methods because they “simply did business with the CIA pursuant to their contracts.”

A key part of Mitchell and Jessen’s argument hinges on the claim that poison gas manufacturers weren’t held responsible by a British military tribunal for providing the Nazis with the gas because the Nazi government, not contractors, had final say on whether to use it. They argue that they are like a corporate gassing technician who was charged with and acquitted of assisting the Nazis because “even if [Mitchell and Jessen] played an integral part of the supply and use of” torture methods, they had no “influence” over the CIA’s decision to use them and can’t be accountable.

In fact, the Nuremberg tribunals that judged the Nazis and their enablers after World War II established the opposite rule: Private contractors are accountable when they choose to provide unlawful means for and profit from war crimes. In the same case that Mitchell and Jessen cite, the military tribunal found the owner of a chemical company that sold Zyklon B to the Nazis guilty — even though only the Nazis had final say on which prisoners would be gassed.

The military tribunal made clear that “knowingly to supply a commodity to a branch of the State which was using that commodity for the mass extermination of Allied civilian nationals was a war crime, and that the people who did it were war criminals for putting the means to commit the crime into the hands of those who actually carried it out.”

There is a saying among lawyers, "When the facts are on your side, pound the facts. When the law is on your side, pound the law. When neither is on you side, pound the table."

These sadistic psychologists are pounding the table here.

Good for the Canadians

The Canadian government has decided to pay Can$ 10 million to Omar Khadr.

To recapitulate the story, he was taken to Afghanistan by his father as a 15 year old, and then threw a grenade in a firefight that killed a US soldier.

He was taken into custody, tortured repeatedly, and eventually pled guilty, he was later repatriated to Canada, and then released on bail in 2014.

Khadr filed suit against the Canadian government for depriving him of his rights, and illegally treating as an adult while in detention, and now Canada has settled with him, paying him Can$10 million settlement:

Canada's Liberal government will apologize to former Guantanamo Bay inmate Omar Khadr and pay him around C$10 million ($7.7 million) in compensation, two sources close to the matter said on Tuesday, prompting opposition protests.

A Canadian citizen, Khadr was captured in Afghanistan in 2002 at age 15 after a firefight with U.S. soldiers. He pleaded guilty to killing a U.S. Army medic and became the youngest inmate held at the military prison in Cuba.

Khadr later recanted and his lawyers said he had been grossly mistreated. In 2010, the Canadian Supreme Court ruled that Canada breached his rights by sending intelligence agents to interrogate him and sharing the results with the United States.

The case proved divisive: defenders called Khadr a child soldier while the then-Conservative government dismissed calls to seek leniency, noting he had pleaded guilty to a serious crime.

The US took a child soldier and treated him as a criminal, they then tortured him abd coerced a confession out of him with the active support of the Canadian state security apparatus, a fact that Canada's judiciary has repeatedly taken a dim view of.

This is a good thing, though I am not surprised that former PM Stephen Harper had to exit the scene for the right thing to be done.  Harper was to doing the right thing as Josef Stalin was to rule of law.

It's nice that the Canadian government is doing the right thing.

It will never happen here, since Obama decided to normalize this behavior, (Looking forward, not backward) and then systematically promoted the people who aided and abetted crimes against humanity in the US state security apparatus.

There will never be an accounting for the torturers, much like there will never be an accounting for the banksters who blew up the world in 2008.

I Really Hope that Prosecutors Don't Blink

The new 2^nd in command at the CIA is Gina Haspel, who was torturer-in-chief following 911, is now the target of a legal action against her for crimes against humanity in Germany:

In late March of 2002, Gina Haspel had very little time to prepare for the torture to come. Haspel ran the "Cat's Eye," a secret CIA jail located near Bangkok, the capital city of Thailand. It was very warm, 34 degrees Celsius (93 degrees Fahrenheit), with the kind of humidity that makes your clothes stick to you, but inside the black site, also known as "Detention Site Green," the air conditioning had been cranked up to make it extremely cold. The cells had Spartan furnishings: a plank bed, four halogen lights, four meters by four meters (13 feet by 13 feet) of confinement with no windows.

America's Central Intelligence Agency planned to use this site to test, for the first time, the new "enhanced interrogation" techniques President George W. Bush had approved six months earlier. Al-Qaida fighters' will was to be broken through waterboarding, sleep deprivation or humiliation through forced nudity until they could be turned into valuable sources in the "war on terror," which had been declared by the U.S. after the 2001 attacks on New York and Washington in 2001. Haspel, a 45-year-old intelligence agent, was to carry out the first torture sessions in Thailand.

Fifteen years later, in 2017, President Donald Trump would appoint Haspel as the CIA's deputy director.

………

This week, human rights lawyers at the European Center for Constitutional and Human Rights (ECCHR) in Berlin submitted a filing about former agent Haspel to supplement a December 2014 criminal complaint over the CIA's extraordinary renditions and torture program it lodged with the Federal Public Prosecutor in Karlsruhe. The new information could create additional pressure for the Karlsruhe-based office to act. Thus far, the Federal Public Prosecutor has rejected calls to file any charges against Americans responsible for the torture – be it then-Secretary of Defense Rumsfeld for incidents inside Abu Ghraib, former CIA head George Tenet or the intelligence agents at the National Security Agency (NSA) who eavesdropped on the German chancellor's mobile phone. When it comes to relations with the United States, Germany seems to have a habit of looking the other way. That also extends to the Federal Public Prosecutor.

………

Months later, Abu Zubaydah and another prisoner from Cat's Eye were taken to a secret jail in a forest in the Masuria region of Poland, and later to Guantánamo. Abu Zubaydah lost his left eye in detention. This, however, doesn't seem to have done anything to hurt Gina Haspel's career: She was appointed as chief of staff to the head of the directorate of operations at the CIA's Counterterrorism Center in Langley – and took care in this new role to ensure that incriminating evidence of the torture disappeared. She ordered the destruction of all 92 videotapes showing the torture of prisoners at Cat's Eye.

………

The human rights lawyers would also like to see their criminal complaint force Germany's top prosecutor to address the complex issue and its legal implications. If Gina Haspel or other suspects were to travel to Germany in the future, the Federal Public Prosecutor could issue an arrest warrant.

I really hope that the Germans put out an arrest warrant, but I see the possibility of that as being slim to none.

It's pretty clear that there will never be any consequences for torturers in the United States, Barack Obama ensured this when he normalized their behavior, and not only looked the other way, but facilitated their rise in the US state security apparatus.

Another Stopped Clock Moment from Trump

After years of litigation and stonewalling from the Obama administration, the Trump administration has handed over the full classified Senate torture report to a Federal Court:

Credit where credit is due: Trump has done more to preserve the full CIA Torture Report than Obama ever did. On his way out the door, the DOJ fought on his behalf in federal court, arguing against an order to deposit the full report with the court clerk for preservation in the ongoing trial of Abd al-Rahim Al-Nashiri, who has alleged he was waterboarded while detained by the CIA.

………

Maybe it's oneupmanship or maybe the Trump's legal counsel feels it has too much on its plate already, but as the New York Times' Charlie Savage reports, Team Trump is handing over a full copy of the Torture Report to the court as requested.

[A]s the Obama era came to an end, two Federal District Court judges for the District of Columbia ordered the executive branch to provide a copy of the report to the court’s security officer, and today, on the deadline set by one of them, the Trump administration complied rather than appeal.

A one-page notice of compliance [PDF] was issued by the White House on February 10th.

Respondents are filing this notice to advise the Court that, in accordance with the orders entered in the above captioned cases on December 28, 2016, and January 23, 2017,2 on February 6, 2017, the Government deposited for the Court Information Security Officers (CISOs) for secure storage a complete and unredacted electronic copy of the Senate Select Committee on Intelligence Committee Study of the CIA’s Detention and Interrogation Program (2014). Specifically, the Government deposited the electronic copy that had been previously delivered to the Department of Justice Office of Legislative Affairs.

My guess is that this is a case of doing the right thing for the wrong reason:  It is likely that Trump and  Evil Minions^™ probably did this as a big "f%$# you" to Barack Obama.

Still, on this one issue, it does give the inverted traffic cone a leg up on the worst constitutional law professor ever.

Of Course DCIA Brennan's Not Telling the Truth. His Lips are Moving.

Over at Emptywheel, Marcy Wheeler observes that CIA Director John Brennan's assurances that CIA officers would not torture people would not have ended any of the prior instances of torture:

………

But it’s funny, too, because Brennan’s assurances about waterboarding would hold true even for the period when CIA was waterboarding detainees. Because CIA officers didn’t do the waterboarding.

As a reminder, at least four detainees were known to be waterboarded under the Gloves Come Off Memorandum of Notification. The first, Ibn Sheikh al-Libi, was waterboarded by Egyptian intelligence, though with Americans present.

The others were waterboarded as part of torture led by Mitchell and Jessen, who were not CIA officers, but instead contractors. CIA officers were definitely involved in that torture (as they were present for our outsourced Egyptian torture). But the torture was technically done by contractors.

Don’t get me wrong: CIA officers did engage in a whole lot of torture directly.

But Brennan’s squirmy language should only emphasize the fact that even when CIA was in the business of waterboarding, CIA officers didn’t do the waterboarding. So Brennan’s guarantees that CIA officers won’t do so in the future are pretty meaningless guarantees.

Not a surprise.  Brennan has been objectively pro-torture for over a decade.

The control of our state security apparatus has been ceded to people who aggressively pursue evil, self-destructive, and ineffective policies and programs.

The down-slope of empire for your perusal.

Well, It's Nice That Someone at the CIA Can Tell the Truth

The CIA's former executive director (#3 in the chain of command), Buzzy Krongard, has admitted that the CIA tortured detainees:

The CIA tortured terror suspects in its programme of "enhanced interrogation", the agency's former executive director, Buzzy Krongard, has admitted to the BBC's Panorama programme.

The agency's position has always been that the "enhanced interrogation" techniques it used under George W Bush, did not amount to torture, because they were legally approved by the White House at the time.

………

I asked Buzzy Krongard, the CIA's former executive director, if he thought waterboarding and painful stress positions were torture:

"Well, let's put it this way, it is meant to make him as uncomfortable as possible. So I assume for, without getting into semantics, that's torture. I'm comfortable with saying that," he explained.

………

A report by the Senate Select Committee on Intelligence released last December highlights a number of unauthorised interrogation techniques that were also used on detainees in the CIA's secret prisons, including excessive beatings, and ice water dousing and baths.

In a public rebuttal to the Senate committee's report, the CIA has admitted to significant lapses in the monitoring and development of its initial interrogation activities, including instances of using unauthorized techniques.

I would not expect this level of honesty from a former CIA man, even one who only spent most of his career outside of the agency.

It does kind of f%$# the CIA rebuttal, though.

People Who Should Have Been Drowned at Birth

The Los Angeles Times editorial board, who are calling for the prosecution of Edward Snowden:
They praise the fact that his leaks created some reforms in our state security apparatus, and then they say that he should go to jail, because, (I guess) confidential press sources and whistle blowers are bad people who should be tortured.

It is an incontrovertible fact that if Snowden returns, and if he is tried, he will be placed in solitary confinement for years, even if just while awaiting trial.  One need only look at the case of (innocent) Wen Ho Lee, who was held in solitary for over a year in an attempt to extort a confession.

It has been the universal conclusion of all civil society organization that have chosen to study this issue have declared extended solitary to be torture.

The LA Times which covered the Lee matter extensively knows this, but even knowing this, they are calling for Snowden to be prosecuted for under an archaic law, and tortured in the process, even if he is eventually found not guilty:

Yet there are serious arguments against a pardon. One is that, in a society of laws, someone who engages in civil disobedience in a higher cause should be prepared to accept the consequences. A stronger objection, in our view, is that Snowden didn't limit his disclosures to information about violations of Americans' privacy. He divulged other sensitive information about traditional foreign intelligence activities, including a document showing that the NSA had intercepted the communications of then-Russian President Dmitry Medvedev during a Group of 20 summit in London in 2009. A government contractor who discloses details of U.S. spying on another country is not most Americans' idea of a whistleblower.

A pardon for Snowden now would be premature. But if he were to return to this country to face the charges against him, the fact that he revealed the existence of a program that has now been repudiated by all three branches of government would constitute a strong argument for leniency. Snowden should come home and make that case.

Otis Chandler would be spinning in his brave.

Are We the Baddies?

Mitchell and Webb, Are We the Baddies?

We now have some more details on our torture program, this time from a cooperating witness Majid Khan, and it is even worse than has previously been revealed:

The U.S. Central Intelligence Agency used a wider array of sexual abuse and other forms of torture than was disclosed in a Senate report last year, according to a Guantanamo Bay detainee turned government cooperating witness.

Majid Khan said interrogators poured ice water on his genitals, twice videotaped him naked and repeatedly touched his "private parts" – none of which was described in the Senate report. Interrogators, some of whom smelled of alcohol, also threatened to beat him with a hammer, baseball bats, sticks and leather belts, Khan said.

Khan's is the first publicly released account from a high-value al Qaeda detainee who experienced the "enhanced interrogation techniques" of President George W. Bush's administration after the Sept. 11, 2001, attacks on the U.S.

Khan's account is contained in 27 pages of interview notes his lawyers compiled over the past seven years. The U.S. government cleared the notes for release last month through a formal review process.

………

The 35-year-old Khan, a Pakistani citizen who attended high school in Maryland, is awaiting sentencing after pleading guilty in 2012 to conspiracy, material support, murder and spying charges. In exchange for serving as a government witness, Khan will be sentenced to up to 19 years in prison, with the term beginning on the date of his guilty plea.

Khan confessed to delivering $50,000 to al Qaeda operatives in Indonesia. That money was later used to carry out the 2003 truck bombing of a Marriott hotel in Jakarta that killed 11 people and wounded at least 80 others. Khan also confessed to plotting with 9/11 mastermind Khalid Sheikh Mohammed to poison water supplies, blow up gas stations and serve as a "sleeper agent" for al Qaeda in the United States.

Khan was captured in Pakistan and held at an unidentified CIA "black site" from 2003 to 2006, according to the Senate report. Khan's lawyers declined to comment on where he was captured or held, which they said remained classified.

………

n the interviews with his lawyers, Khan described a carnival-like atmosphere of abuse when he arrived at the CIA detention facility.

"I wished they had killed me," Khan told his lawyers. He said that he experienced excruciating pain when hung naked from poles and that guards repeatedly held his head under ice water.

" 'Son, we are going to take care of you,' " Khan said his interrogators told him. " 'We are going to send you to a place you cannot imagine.' "

Current and former CIA officials declined to comment on Khan's account.

Khan's description of his experience matches some of the most disturbing findings of the U.S. Senate report, the product of a five-year review by Democratic staffers of 6.3 million internal CIA documents. CIA officials and many Republicans dismissed the report's findings as exaggerated.

Years before the report was released, Khan complained to his lawyers that he had been subjected to forced rectal feedings. Senate investigators found internal CIA documents confirming that Khan had received involuntary rectal feeding and rectal hydration. In an incident widely reported in news media after the release of the Senate investigation, CIA cables showed that "Khan's 'lunch tray,' consisting of hummus, pasta with sauce, nuts, and raisins, was 'pureed' and rectally infused."

The CIA maintains that rectal feedings were necessary after Khan went on a hunger strike and pulled out a feeding tube that had been inserted through his nose. Senate investigators said Khan was cooperative and did not remove the feeding tube.

Most medical experts say rectal feeding is of no therapeutic value. His lawyers call it rape.

………

Khan's account also includes previously undisclosed forms of alleged CIA abuse, according to experts. Khan said his feet and lower legs were placed in tall boot-like metal cuffs that dug into his flesh and immobilized his legs. He said he felt that his legs would break if he fell forward while restrained by the cuffs.

Khan is not one of the three people whom current and former CIA officials say interrogators were authorized to “waterboard,” whereby water is poured over a cloth covering a detainee's face to create the sensation of drowning. Nor is he the fourth detainee whose waterboarding was documented by Human Rights Watch in 2012.

His descriptions, however, match those of other detainees who have alleged that they were subjected to unauthorized interrogation techniques using water. Human-rights groups say the use of ice water in dousing and forced submersions is torture.

Because Barack Obama has decided to cover up look forward, none of the sadists who did this will face any consequences for their actions.

All this activities that elicited no meaningful intelligence, so the only benefit can be seen to be giving Dick Cheney a hard on.

What's more you can be sure that some of these monsters will come home and go to work as cops, where they will apply what they have learned to the rest of us.

We are the baddies.


H/t Digby.

I Really Don't Know What to Make of This

But if Sy Hersh's account of the killing of Osama bin Laden is even ¼ true, this is the biggest story that he's ever broken:^*

It’s been four years since a group of US Navy Seals assassinated Osama bin Laden in a night raid on a high-walled compound in Abbottabad, Pakistan. The killing was the high point of Obama’s first term, and a major factor in his re-election. The White House still maintains that the mission was an all-American affair, and that the senior generals of Pakistan’s army and Inter-Services Intelligence agency (ISI) were not told of the raid in advance. This is false, as are many other elements of the Obama administration’s account. The White House’s story might have been written by Lewis Carroll: would bin Laden, target of a massive international manhunt, really decide that a resort town forty miles from Islamabad would be the safest place to live and command al-Qaida’s operations? He was hiding in the open. So America said.

The most blatant lie was that Pakistan’s two most senior military leaders – General Ashfaq Parvez Kayani, chief of the army staff, and General Ahmed Shuja Pasha, director general of the ISI – were never informed of the US mission. This remains the White House position despite an array of reports that have raised questions, including one by Carlotta Gall in the New York Times Magazine of 19 March 2014. Gall, who spent 12 years as the Times correspondent in Afghanistan, wrote that she’d been told by a ‘Pakistani official’ that Pasha had known before the raid that bin Laden was in Abbottabad. The story was denied by US and Pakistani officials, and went no further. In his book Pakistan: Before and after Osama (2012), Imtiaz Gul, executive director of the Centre for Research and Security Studies, a think tank in Islamabad, wrote that he’d spoken to four undercover intelligence officers who – reflecting a widely held local view – asserted that the Pakistani military must have had knowledge of the operation. The issue was raised again in February, when a retired general, Asad Durrani, who was head of the ISI in the early 1990s, told an al-Jazeera interviewer that it was ‘quite possible’ that the senior officers of the ISI did not know where bin Laden had been hiding, ‘but it was more probable that they did [know]. And the idea was that, at the right time, his location would be revealed. And the right time would have been when you can get the necessary quid pro quo – if you have someone like Osama bin Laden, you are not going to simply hand him over to the United States.’

This spring I contacted Durrani and told him in detail what I had learned about the bin Laden assault from American sources: that bin Laden had been a prisoner of the ISI at the Abbottabad compound since 2006; that Kayani and Pasha knew of the raid in advance and had made sure that the two helicopters delivering the Seals to Abbottabad could cross Pakistani airspace without triggering any alarms; that the CIA did not learn of bin Laden’s whereabouts by tracking his couriers, as the White House has claimed since May 2011, but from a former senior Pakistani intelligence officer who betrayed the secret in return for much of the $25 million reward offered by the US, and that, while Obama did order the raid and the Seal team did carry it out, many other aspects of the administration’s account were false.

The cliff notes version of this, courtesy of The Stranger, is:

• Pakistani officials knew about the raid and even helped the US pull it off.
• There never was a firefight, neither in the yard outside the house nor once the SEALs got inside.
• The story of the courier whom the reportedly CIA traced, leading them to bin Laden, was a fabrication.
• The story of the courier dying in the firefight was a cover-up "because he didn’t exist and we couldn’t produce him," a retired senior intelligence official told Hersh.
• The way the CIA actually found out where bin Laden was is that a "Pakistani walk-in" who wanted the $25 million reward came in and told the CIA about it.
• Osama bin Laden was not armed, contrary to reports that he had a machine gun and was killed in a firefight, and he was not killed with just one or two bullets but "obliterated."
• "Seals cannot live with the fact that they killed bin Laden totally unopposed, and so there has to be an account of their courage in the face of danger. The guys are going to sit around the bar and say it was an easy day? That’s not going to happen," that same retired senior intelligence official said.
• "Despite all the talk" about what the SEALs collected on-site, the retired official said there were "no garbage bags full of computers and storage devices. The guys just stuffed some books and papers they found in his room in their backpacks."
• The story about bin Laden's sea burial may be a fabrication.
• The retired official told Hersh that bin Laden's "remains, including his head... were thrown into a body bag and, during the helicopter flight back to Jalalabad, some body parts were tossed out over the Hindu Kush mountains—or so the Seals claimed."
• Obama was going to wait until a week after bin Laden's death to announce it, and he was going to tell the American people that bin Laden had been killed by a drone, but after the SEALs had to blow up their malfunctioning helicopter on-site, attracting attention locally, everything changed.
• The story about the vaccination program carried out locally in an attempt to get bin Laden's DNA—a story that "led to the cancellation of other international vaccination programmes that were now seen as cover for American spying"—wasn't true.
• Retired official again: "It’s a great hoax."

(emphasis original)

The American press has been completely dismissive of Hersh's report, and, it's fair to say that the sourcing is not as solid as I would have liked.

Then again, when you look at the biggest supporter of the "Zero Dark Thirty" narrative, the CIA, we know that they are still lying about torture, that they still nave not come clean about spying on the Senate Intelligence Committee, and basically wrote the movie "Zero Dark Thirty".

I know that the movie version is false, at least as to whether torture worked, the Senate Intelligence Committee report proved that.

I'm not sure where the truth lies, and any dealing with the machinations of the "war on terror" in general, and the Pakistani state security apparatus in particular. is a bag full of cats.

At this point, I'll go with Charlie Pierce's:

What's clear is that, in the war on terror, or whatever it is in which we've been engaged since we handed the military policy over to the spooks and thrown international crisis diplomacy into the vast, deep underbrush of myth and legend generated by the conjuring spells of the intelligence world, that we willingly surrendered self-government to magic and spellcraft. And Osama bin Laden is still dead, and his body is still at the bottom of the sea. Maybe.

I'm not clear what the truth is, except (of course) for the fact that the CIA tortured, that it did not work, and that Langley lies about everything.

I is confuzzled.

^*And yes, I mean that statement. If is just ¼ true, this is the biggest story that Seymour f%$#ing Hersh has ever broken. Think about that for a moment.

Nice Job of Abusing Your Interns

Jonathan Chait decided to determine how many times that conservative legacy admission William Kristol invoked Hitler, Churchill, Chamberlain and Munich:

Weekly Standard editor William Kristol, writing in opposition to the Iran deal recently, observed, “One is reminded — as one so often is these days — of Churchill’s great speech in Commons after Munich ... ” It is true that Kristol is often reminded of Churchill and Munich these days. This may not tell us anything about the current situation with Iran, however, since Kristol is reminded of Churchill and Munich on a great many days. It is a historic reference he has used to explain a great many episodes.

I recently asked New York interns Claire Landsbaum and Claire Voon to compile a list of Kristol’s public references to the Munich agreement and its main players. This research ordeal, presented in reverse chronological order, represents the sort of character-building exercise, I am sure Kristol would agree, that today’s youth badly need.

I'm sorry, I think that you are torturing Claire Landsbaum and Claire Voon.

Forcing them to read everything that Bill Kristol has written back to at least 1997 constitutes cruel and unusual punishment.

Quote of the Day

Lee Hamilton (former Congressman and former 911 commission co-chairman) calls for a complete end of torture, driven by improved Congressional oversight.

He believes that the reputational and social damage is such that it cannot be justified.

Lambert Strether at Naked Capitalism, while lauding Hamilton's call for and end to torture, notes that the fact that the former congressman is suggesting weak tea when specifically eschews prosecutions:

Kudos, but who would be stupid enough to believe us if we said we had? There is only one way to do that, and that’s to put the torturers on trial, and convict them.

He's right.

Until we prosecute the worst of the torturers, and pull the security clearances of the rest, the senior staff of our state security apparatus will be populated by those torturers, any promise of better behavior is simply not credible.

Quote of the Day

If we render our torturers superior to the political institutions of the government, and if we render the police superior to the civil power of elected officials, then we essentially have empowered independent standing armies to conduct our wars and enforce our laws, and self-government descends into bloody farce.

—Charlie Pierce

He is taking about how our torturers and our police demand to operate with impunity.

Alfreda Frances Bikowsky, the Torture Loving, Incompetent, and Always Wrong Poster Child for CIA Lack of Accountability and Misuse of Secrecy

She appears to be the Forrest Gump of CIA.

She refused to share data with the FBI about the 911 hijackers, she was instrumental in setting up the torture progam and lobbied for its excesses, and she lied repeatedly to Congress:

A top al Qaeda expert who remains in a senior position at the CIA was a key architect of the agency's defense of its detention and "enhanced interrogation" program for suspected terrorists, developing oft-repeated talking points that misrepresented and overstated its effectiveness, according to the Senate Intelligence Committee's report released last week.

The report singles out the female expert as a key apologist for the program, stating that she repeatedly told her superiors and others — including members of Congress — that the "torture" was working and producing useful intelligence, when it was not. She wrote the "template on which future justifications for the CIA program and the CIA's enhanced interrogation techniques were based," it said.

The expert also participated in "enhanced interrogations" of self-professed 9-11 mastermind Khalid Sheikh Mohammed, witnessed the waterboarding of terror suspect Abu Zubaydah and ordered the detention of a suspected terrorist who turned out to be unconnected to al Qaeda, according to the report.

The expert is no stranger to controversy. She was criticized after 9/11 terrorist attacks for countenancing a subordinate's refusal to share the names of two of the hijackers with the FBI prior to the terror attacks.

But instead of being sanctioned, she was promoted.

The expert was not identified by name in the unclassified 528-page summary of the report, but U.S. officials who spoke with NBC News on condition of anonymity confirmed that her name was redacted at least three dozen times in an effort to avoid publicly identifying her. In fact, much of the four-month battle between Senate Democrats and the CIA about redactions centered on protecting the identity of the woman, an analyst and later "deputy chief" of the unit devoted to catching or killing Osama bin Laden, according to U.S. officials familiar with the negotiations.

NBC News is withholding her name at the request of the CIA, which cited a climate of fear and retaliation in the wake of the release of the committee's report in asking that her anonymity be protected.

Yeah, well, her identity is already a matter of public record, so f%$# that last bit:

NBC News yesterday called her a “key apologist” for the CIA’s torture program. A follow-up New Yorker article dubbed her “The Unidentified Queen of Torture” and in part “the model for the lead character in ‘Zero Dark Thirty.’” Yet in both articles she was anonymous.

The person described by both NBC and The New Yorker is senior CIA officer Alfreda Frances Bikowsky. Multiple news outlets have reported that as the result of a long string of significant errors and malfeasance, her competence and integrity are doubted — even by some within the agency.

The Intercept is naming Bikowsky over CIA objections because of her key role in misleading Congress about the agency’s use of torture, and her active participation in the torture program (including playing a direct part in the torture of at least one innocent detainee). Moreover, Bikowsky has already been publicly identified by news organizations as the CIA officer responsible for many of these acts.

The executive summary of the torture report released by the Senate last week provides abundant documentation that the CIA repeatedly and deliberately misled Congress about multiple aspects of its interrogation program. Yesterday, NBC News reported that one senior CIA officer in particular was responsible for many of those false claims, describing her as “a top al Qaeda expert who remains in a senior position at the CIA.”

It turns out that it's not just people like Glenn Greenwald who condemn her, so do a number of her colleagues at the CIA

The NBC News investigative reporter Matthew Cole has pieced together a remarkable story revealing that a single senior officer, who is still in a position of high authority over counterterrorism at the C.I.A.—a woman who he does not name—appears to have been a source of years’ worth of terrible judgment, with tragic consequences for the United States. Her story runs through the entire report. She dropped the ball when the C.I.A. was given information that might very well have prevented the 9/11 attacks; she gleefully participated in torture sessions afterward; she misinterpreted intelligence in such a way that it sent the C.I.A. on an absurd chase for Al Qaeda sleeper cells in Montana. And then she falsely told congressional overseers that the torture worked.

Had the Senate Intelligence Committee been permitted to use pseudonyms for the central characters in its report, as all previous congressional studies of intelligence failures, including the widely heralded Church Committee report in 1975, have done, it might not have taken a painstaking, and still somewhat cryptic, investigation after the fact in order for the American public to hold this senior official accountable. Many people who have worked with her over the years expressed shock to NBC that she has been entrusted with so much power. A former intelligence officer who worked directly with her is quoted by NBC, on background, as saying that she bears so much responsibility for so many intelligence failures that “she should be put on trial and put in jail for what she has done.”

(emphasis mine)

She also has a f%$#ing wiki page, which makes her about as out as Valerie Plame.

Or as John Cook notes, "It should come as no surprise that a secret organization with no accountability promotes incompetents—but the CIA is actively encouraging the careers of the most aggressively error-prone employees it has."

Note that she also authorized the kidnapping and torture of an innocent man, and tortured the completely bogus story about Al Qaeda cells involving black Muslims in Montana.  (No, this is not The Onion, she actually tortured this fairy tale out of KSM, and believed it).

Excessive secrecy and lack of accountability within our state security apparatus is a threat to our security.

After All, Spying on Congress and Lying About is No Big Deal………

Investigators Said to Seek No Penalty for C.I.A. s Computer Search - NYTimes.com:

A panel investigating the Central Intelligence Agency’s search of a computer network used by staff members of the Senate Intelligence Committee who were looking into the C.I.A.’s use of torture will recommend against punishing anyone involved in the episode, according to current and former government officials.

The panel will make that recommendation after the five C.I.A. officials who were singled out by the agency’s inspector general this year for improperly ordering and carrying out the computer searches staunchly defended their actions, saying that they were lawful and in some cases done at the behest of John O. Brennan, the C.I.A. director.

While effectively rejecting the most significant conclusions of the inspector general’s report, the panel, appointed by Mr. Brennan and composed of three C.I.A. officers and two members from outside the agency, is still expected to criticize agency missteps that contributed to the fight with Congress.

But its decision not to recommend anyone for disciplinary action is likely to anger members of the Intelligence Committee, who have accused the C.I.A. of trampling on the independence of Congress and interfering with its investigation of agency wrongdoing. The computer searches occurred late last year while the committee was finishing an excoriating report on the agency’s detention and interrogation program.

So, the investigative body created by John O. Brennan has discovered that the CIA, on the orders of John O. Brennan, spied on the committee investigating them, but hey, no harm no foul.

Which means that no one at the CIA, including John O. Brennan, suffers any discipline.

If Barack "The Worst Constitutional Law Professor Ever.^™" Obama actually cared about the constitutional checks and balances, or his promise to run a transparent government, John O. Brennan would be spending more time with his family right now.

I Knew that He Was a Brony!

Jon Stewart looks deeply into Dick Cheney's soul, and thanks George W. Bush for not dying.

He also reveals that Dick Cheney is a Brony gone to the dark side.



This may have been his best monologue ever.

Guess What? The Senate Report Reveals that Torture Worked?

At least it works if your goal is to force a prisoner to lie about Saddam Hussein's connections to Al Qaeda to justify our invading Iraq:

………

Such is the case with the "debate" on whether torture "worked" following the release of the Select Committee on Intelligence report on the CIA's "Detention and Interrogation Program."

On the one side, we have among others Dianne Feinstein: "The big finding is that torture doesn't work and shouldn't be employed by our country" she told PBS. Similarly, a headline in the Hill tells us: "McCain: ‘I know from personal experience’ torture doesn’t work."

Then, we have six former directors and deputy directors of the CIA claiming the "interrogation program" "saved thousands of lives" by helping to capture al-Qaeda members. On this score, the Intelligence Committee report seems to have the goods, quoting CIA emails. While the former CIA directors claim a string successes based on torture: "KSM [Khalid Sheik Muhammed] then led us to Riduan Isamuddin, aka Hambali, East Asia’s chief al Qaeda ally and the perpetrator of the 2002 Bali bombing in Indonesia -- in which more than 200 people perished." But the report quotes a CIA official's internal emails: "Frankly, we stumbled onto Hambali."

But that doesn't mean Feinstein and McCain are right and that's the end of story. The truth is that torture did work, but not the way its defenders claim. It worked to produce justifications for policies the establishment wanted, like the Iraq war. This is actually tacitly acknowledged in the report -- or one should say, it's buried in it. Footnote 857 of the report is about Ibn Shaykh al-Libi, who was captured in Afghanistan shortly after the U.S. invasion and was interrogated by the FBI. He told them all he knew, but then the CIA rendered him to the brutal Mubarak regime in Egypt, in effect outsourcing their torture. From the footnote:

"Ibn Shaykh al-Libi reported while in [censored: 'Egyptian'] custody that Iraq was supporting al-Qa'ida and providing assistance with chemical and biological weapons. Some of this information was cited by Secretary Powell in his speech at the United Nations, and was used as a justification for the 2003 invasion of Iraq. Ibn Shaykh al-Libi recanted the claim after he was rendered to CIA custody on February [censored], 2003, claiming that he had been tortured by the [censored, likely 'Egyptians'], and only told them what he assessed they wanted to hear. For more more details, see Volume III." Of course, Volume III has not been made public.

So, while CIA head John Brennan now says it's "unknowable" if torture lead to information that actually saved lives, it's provable that torture lead to information that helped lead to war and destroyed lives.

………

This was somewhat acknowledged in the other Senate report on torture, released by the Armed Services Committee in 2008. It quoted Maj. Paul Burney, who worked as a psychiatrist at Guantanamo Bay prison: “A large part of the time we were focused on trying to establish a link between al-Qaeda and Iraq and we were not successful. The more frustrated people got in not being able to establish that link … there was more and more pressure to resort to measures that might produce more immediate results.” The GTMO Interrogation Control Element Chief, David Becker told the Armed Services Committee he was urged to use more aggressive techniques, being told at one point "the office of Deputy Secretary of Defense [Paul] Wolfowitz had called to express concerns about the insufficient intelligence production at GTMO."

So, torture works if you are planning to create false intelligence to justify a phony war which leads to the biggest military and diplomatic disaster in US History.

So it was all about amusing Dick Cheney.

They generate false intel, and Dick gets that war that he wanted so badly.

Quote of the Day

Good Point

It's funny, I just made this movie about a guy who triumphs over the inhuman conditions in his imprisonment in an authoritarian country, and I don't think they did half that sh%$ to him.

— Jon Stewart

Jon Stewart is rightly appalled.

He just did a movie about torture, and the elements of the state security apparatus in Iran were more humane, and less brutal, than those of the United States.

Our torture, and the support for it, both tacit and explicit, exhibited by both Barack Obama and George W. Bush, are going to bear bitter fruit for the us for decades.