WASHINGTON, Oct. 3 — When the Justice Department publicly declared torture “abhorrent” in a legal opinion in December 2004, the Bush administration appeared to have abandoned its assertion of nearly unlimited presidential authority to order brutal interrogations.The excuse for the secrecy was so that that America's enemies couldn't train to beat the torture techniques, but the real reason was so that the American public would not know how utterly depraved the Bush administration and the Republican Party had become.
But soon after Alberto R. Gonzales’s arrival as attorney general in February 2005, the Justice Department issued another opinion, this one in secret. It was a very different document, according to officials briefed on it, an expansive endorsement of the harshest interrogation techniques ever used by the Central Intelligence Agency.
The new opinion, the officials said, for the first time provided explicit authorization to barrage terror suspects with a combination of painful physical and psychological tactics, including head-slapping, simulated drowning and frigid temperatures.
Mr. Gonzales approved the legal memorandum on “combined effects” over the objections of James B. Comey, the deputy attorney general, who was leaving his job after bruising clashes with the White House. Disagreeing with what he viewed as the opinion’s overreaching legal reasoning, Mr. Comey told colleagues at the department that they would all be “ashamed” when the world eventually learned of it.
Later that year, as Congress moved toward outlawing “cruel, inhuman and degrading” treatment, the Justice Department issued another secret opinion, one most lawmakers did not know existed, current and former officials said. The Justice Department document declared that none of the C.I.A. interrogation methods violated that standard.
The classified opinions, never previously disclosed, are a hidden legacy of President Bush’s second term and Mr. Gonzales’s tenure at the Justice Department, where he moved quickly to align it with the White House after a 2004 rebellion by staff lawyers that had thrown policies on surveillance and detention into turmoil.
This was no accident or action by an out-of-control underling. The secret declaration that the torture techniques would be used in spite of the law passed by Congress was one of Bush's signing statements.
It's not as though there wasn't a problem in determining what should or could be done to interrogate prisoners. Here is what the CIA was doing:
slaps to the head; hours held naked in a frigid cell; days and nights without sleep while battered by thundering rock music; long periods manacled in stress positions; or the ultimate, waterboarding.There was a problem that needed to be resolved in what could be done, but to do it in secret the way the Bush administration did it is an overt admission that the people of the Bush administration knew they were being too extreme and did not want the public to know what they were authorizing.
Never in history had the United States authorized such tactics. While President Bush and C.I.A. officials would later insist that the harsh measures produced crucial intelligence, many veteran interrogators, psychologists and other experts say that less coercive methods are equally or more effective.
With virtually no experience in interrogations, the C.I.A. had constructed its program in a few harried months by consulting Egyptian and Saudi intelligence officials and copying Soviet interrogation methods long used in training American servicemen to withstand capture. The agency officers questioning prisoners constantly sought advice from lawyers thousands of miles away.
“We were getting asked about combinations — ‘Can we do this and this at the same time?’” recalled Paul C. Kelbaugh, a veteran intelligence lawyer who was deputy legal counsel at the C.I.A.’s Counterterrorist Center from 2001 to 2003.
Interrogators were worried that even approved techniques had such a painful, multiplying effect when combined that they might cross the legal line, Mr. Kelbaugh said. He recalled agency officers asking: “These approved techniques, say, withholding food, and 50-degree temperature — can they be combined?” Or “Do I have to do the less extreme before the more extreme?”
Let's say that again. President Bush explicitly and in secret declared that the use of torture would be the policy of the American government! He took this action in secret even as he told the American public that he had disavowed the use of torture by the U.S. government. The Republicans in Congress support this, and in the Senate they are doing everything they can to prevent Congressional oversight.
One thing to keep in mind. The Bush administration and the Republican Party took made these torture decisions in secret and hidden behind lies for fear of how the American public would react. That means that the decision to conduct these torture techniques, much like the peremptory invasion of Iraq based on lies, is the responsibility of the Republican Party. When actions are taken by criminals without the knowledge of the American public, it is not conducted by America. It is conducted by those lying Republicans and they are wholly responsible for such decisions and actions.
Bush and the Republican Party represent a cancer on the body politic of America. They are criminals, not politicians. They must at a minimum be removed from government.
3 comments:
Hi, I'm writing a book considering a new united Intelligence federal branch. This would impose new checks and balances on all government intelligence; further, unite intelligence with a peace directive.
Now, writing such a book as a U.S. citizen hasn't put me into the greatest spotlight with the agencies.
Torture: we should put the simple constant spying on particular citizens in the category of torture. Second, the use of electronic wave or laser devices within automobiles, airplanes and possibly even satellites, used upon selected citizens, constitutes torture.
Before the use of electronics as weapons, it was biochemical agents placed into citizen’s homes or apartments. Of which I have collected about 25 samples. Yes, torture, even if what I collected should have harmed me. I haven’t got the samples tested because I feel they will interrupt the process and call it bunk. So, instead, I’m holding onto probable dangerous chemicals that I don’t know what to do with.
They are enemies of the nation. They won't even be trusted when they are out of office. They have affiliated with Al-Qaida itself. They are doomed, not to have a pleasant day the rest of their lives. Although the U.S. will not condone torture to these current office holders, they, after their hearings and prosecution, will remain spied on, for the rest of their lives. We cannot afford them to tabernacle with Al-Qaida after their stay in office, in an attempt to further attack us again. It won’t happen on my time, or yours.
But then again, with these kinds of opinions that I have, that’s why they may call me a terrorist. That is, a good U.S. citizen thoroughly done with them, and actively seeking new and better ways to run federal government to shut up the loopholes allowing for such catastrophes.
Al Gores book, “The assault on Reason” is very good indeed. I suppose even Al has become a terrorist in the administrations eyes. They are done.
Do not believe in the idea that U.S. citizens could be terrorists. Fortunately, their word is just about as good as dirt. And what they call a terrorist may well just be type of person that this nation needs. Good U.S. citizens with an agenda of righteousness for the nation.
May I quote a paragraph from my up and coming book?
"The original structure of three branches of federal government worked until the appearance of Intelligence based agencies under the Presidents command, began to throw off the powers of the three branches. These agencies have grown big and diverse. Technology and our digital age have vamped up both intelligence and security possibilities, both in and out of the United States. The President began gaining too much strength and control, suggesting over time, the lesser importance of the Judiciary or Congress over the Executive. The concept of checks and balances may have gone out of check, without us realizing it."
From such view, in my book I am proposing a new fourth federal branch of government along the lines of an Intelligence branch, under the provision of checks and balances. Further, such new Intelligence branch sets a course and direction for America and heals the relations with the rest of the world.
My point is, that a new checks and balances for all intelligence agencies is looking pretty appealing, for a big change in the coming new future.
Thanks for listening, let’s have hope and be open to change.
Blessings,
Aaron Esselstrom
Two comments, among many I could make. First, the term 'torture' has a rather clear meaning. According to Wikipedia "according to international law, is "any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity." Since the use of electronic wave or laser devices does not inflict pain or suffering, the term 'torture' is not reasonably applied to such spying. It is more appropriately considered a violation of the Right of Due Process which is one of the limits placed on government actions against the people governed. (U.S. Constitution Forth Amendent.)
My second comment is that the Intelligence function is a part of leader decision-making. The decision-maker has to control collection of the Intelligence needed to make decisions. A separate branch of government would be unworkable. Besides, the real problem is the secrecy that National Security Intelligence operations function under and the lack of accountability exhibited by our political leaders for the behavior of the Intelligence Agencies. Maintaining effective Intelligence agencies (essential) while preventing their misuse requires threading a fine needle, and most of us are not capable of setting up institutions which can effectively do this. But we do need to hold our political leaders responsible for the Intelligence agencies (not, as the Bush administration has done, blame them for the idiocies of the political leaders) and work to apply the liberal principles of transparent democratic government which protects the Constitutionally defined Rights to privacy and due process while also effectively gathering and analyzing the data needed to make effective decisions. There is no way a separate branch of government could do that.
Thanks for your comment. So, you don't think that intelligence agencies have gotten to big to the point in which the appointing of command by the President over-leverages the checks and balances of the three federal branches?
The emphasis of my entire book is the need for more oversight, even if it required a "needle and thread" approach. If intelligence was allowed investigation from the three branches, we would expect more Constitutional behavior, and respect for citizens.
But I am sure that you are right, that because of how things are set up, the President has forced this security agenda upon the agencies. Like a fear tactic. Keep your job if you do what I say, or loose your job if you disagree. And if you loose your job, you will be counted as one of the terrorists.
Could this have happened, because of too much control from the President and an inability for Congress or the Judiciary to step in and watch every action and intention of the collaboration of the President with agencies?
If the President has an army of manpower in both the armed forces and intelligence, does this not cross the line of illegitimate checks and balances?
Your comments are welcome, good discussion is rare to find concerning these matters. Further, my own study is not an emphasis in government, but gradually becoming so. My point of view is that an upgrading of the system is in need, and hence is the reasoning of my points.
Aaron E.
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