Citizen G'kar: Musings on Earth

Showing posts with label Torture. Show all posts
Showing posts with label Torture. Show all posts

December 02, 2010

Gitmo Inmates Subjected to Medical Experimentation/Torture

WASHINGTON - JANUARY 11:  Members of Witness A...Image by Getty Images via @daylife
It's getting so that you can't tell the good guys from the bad guys. Sounds like Dr. Josef Mengele would consider these US Army physicians as colleagues.
The Defense Department forced all "war on terror" detainees at the Guantanamo Bay prison to take a high dosage of a controversial antimalarial drug, mefloquine, an act that an Army public health physician called "pharmacologic waterboarding."
The US military administered the drug despite Pentagon knowledge that mefloquine caused severe neuropsychiatric side effects, including suicidal thoughts, hallucinations and anxiety. The drug was used on the prisoners whether they had malaria or not. 
The revelation, which has not been previously reported, was buried in  documents publicly released by the Defense Department (DoD) two years ago as part of the government's investigation into the June 2006 deaths of three Guantanamo detainees.
... All detainees arriving at Guantanamo in January 2002 were first given a treatment dosage of 1,250 mg of mefloquine, before laboratory tests were conducted to determine if they actually had the disease, according to a section of the DoD documents entitled "Standard Inprocessing Orders For Detainees." The 1,250 mg dosage is what would be given if the detainees actually had malaria. That dosage is five times higher than the prophylactic dose given to individauls to prevent the disease.
Maj. Remington Nevin, an Army public health physician, who formerly worked at the Armed Forces Health Surveillance Center and has written extensively about mefloquine, said in an interview the use of mefloquine "in this manner ... is, at best, an egregious malpractice."
The government has exposed detainees "to unacceptably high risks of potentially severe neuropsychiatric side effects, including seizures, intense vertigo, hallucinations, paranoid delusions, aggression, panic, anxiety, severe insomnia, and thoughts of suicide," said Nevin, who was not speaking in an official capacity, but offering opinions as a board-certified, preventive medicine physician. "These side effects could be as severe as those intended through the application of 'enhanced interrogation techniques.'"

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February 10, 2010

Torture with a Capital "T": Secret UK info on ex-Gitmo detainee's treatment

The Brits call it "cruel and inhuman treatment". Are people ready to call it "Torture"?

United States President Obama meets British Pr...Image via Wikipedia

Here are the seven once-secret paragraphs [by SyS (Security Service)] that summarize the U.S. account of the treatment of former Guantanamo Bay detainee Binyam Mohamed in Pakistan in 2002.

-"It was reported that a new series of interviews was conducted by the United States authorities prior to 17 May 2002 as part of a new strategy designed by an expert interviewer.

-"It was reported that at some stage during that further interview process by the United States authorities, BM (Binyam Mohamed) had been intentionally subjected to continuous sleep deprivation. The effects of the sleep deprivation were carefully observed.

-"It was reported that combined with the sleep deprivation, threats and inducements were made to him. His fears of being removed from United States custody and "disappearing" were played upon.

-"It was reported that the stress brought about by these deliberate tactics was increased by him being shackled in his interviews;

-"It was clear not only from the reports of the content of the interviews but also from the report that he was being kept under self-harm observation, that the interviews were having a marked effect upon him and causing him significant mental stress and suffering.

-"We regret to have to conclude that the reports provide (sic) to the SyS (Security Service) made clear to anyone reading them that BM was being subjected to the treatment that we have described and the effect upon him of that intentional treatment.

-"The treatment reported, if had been administered on behalf of the United Kingdom, would clearly have been in breach of the undertakings given by the United Kingdom in 1972. Although it is not necessary for us to categorize the treatment reported, it could readily be contended to be at the very least cruel, inhuman and degrading treatment by the United States authorities."


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May 01, 2009

The Hush-Hush Story: Why They Tortured

The LA Progressive

The US Senate Armed Services Committee report, issued April 21, on the interrogation techniques employed against detainees following the September 11 terrorist attack, wrote Pepe Escobar in the Asia Times, "reads like deja vu all over again: the US establishment under Bush was a replay of the Spanish Inquisition. And it all started even before a single 'high-profile al-Qaeda detainee' was captured.
What Bush, vice president Dick Cheney, defense secretary Donald Rumsfeld and assorted little inquisitors wanted was above all to prove the non-existent link between Saddam Hussein's Iraq and al-Qaeda, the better to justify a pre-emptive, illegal war planned by the now-defunct Project for the New American Century (PNAC) in the late 1990s. The torture memos were just a cog in the imperial machine."
New York Times columnist Paul Krugman mentioned it in his column April 24, writing, "For the fact is that officials in the Bush administration instituted torture as a policy, misled the nation into a war they wanted to fight and, probably, tortured people in the attempt to extract 'confessions' that would justify that war. And during the march to war, most of the political and media establishment looked the other way." Krugman was more explicit in his blog, titled "Grand Unified Scandal" appearing the previous day, after the Senate report came out. "Let's say this slowly: the Bush administration wanted to use 9/11 as a pretext to invade Iraq, even though Iraq had nothing to do with 9/11. So it tortured people to make them confess to the nonexistent link," he wrote. "There's a word for this: it's evil."
The impetus for the comment by Krugman and Escobar was a story carried April 21 in the McClatchy Newspapers by Jonathan S. Landay The story has made the rounds on the internet and in some of the foreign press but as of this writing has been ignored or obscured by most of the major U.S. media.
"The Bush administration applied relentless pressure on interrogators to use harsh methods on detainees in part to find evidence of cooperation between al Qaida and the late Iraqi dictator Saddam Hussein's regime, according to a former senior U.S. intelligence official and a former Army psychiatrist," wrote Landay. "Such information would've provided a foundation for one of former President George W. Bush's main arguments for invading Iraq in 2003. In fact, no evidence has ever been found of operational ties between Osama bin Laden's terrorist network and Saddam's regime.
"The use of abusive interrogation - widely considered torture - as part of Bush's quest for a rationale to invade Iraq came to light as the Senate issued a major report tracing the origin of the abuses and President Barack Obama opened the door to prosecuting former U.S. officials for approving them."
Landay went on to quote "A former senior U.S. intelligence official familiar with the interrogation issue" saying former Vice President Dick Cheney and former Defense Secretary Donald Rumsfeld 'demanded that the interrogators find evidence of al Qaida-Iraq collaboration.'
"There were two reasons why these interrogations were so persistent, and why extreme methods were used," Landay was told. "The main one is that everyone was worried about some kind of follow-up attack (after 9/11). But for most of 2002 and into 2003, Cheney and Rumsfeld, especially, were also demanding proof of the links between al Qaida and Iraq that (former Iraqi exile leader Ahmed) Chalabi and others had told them were there."

Few dare call Ahmed Chalabi what he is, an Iranian intelligence agent, who along with AIPAC officials, Israeli Intelligence agents duped Cheney-Rumsfeld cabal into invading Iraq.
And now the Israeli spies will get away with it because the truth of the huge security hole in the Bush Administration will become obvious to all.
Reuters
"Given the diminished likelihood the government will prevail at trial under the additional intent requirements imposed by the court and the inevitable disclosure of classified information that would occur at any trial in this matter, we have asked the court to dismiss the indictment," Dana Boente, acting U.S. Attorney for the Eastern District of Virginia, said in a statement.

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April 29, 2009

The Sick Logic of the CIA Memos: Abuse Isn't Torture If a Doctor Is There

Photograph of John Yoo

Image via Wikipedia

AlterNet
Perhaps the most chilling aspect is that medical professionals apparently conducted a form of research on the detainees, without their consent.
Former CIA Director Michael V. Hayden was fond of saying that when it came to handling high-value terror suspects, he would play in fair territory, but with "chalk dust on my cleats." Four legal memos released by the Obama administration make it clear that the referee role in CIA interrogations was played by its medical and psychological personnel.
According to the U.S. Department of Justice's Office of Legal Counsel, which authored the memos, legal approval to use waterboarding, sleep deprivation and other abusive techniques pivoted on the existence of a "system of medical and psychological monitoring" of interrogations. Medical and psychological personnel were assigned to monitor interrogations and intervene to ensure that interrogators didn't cause "serious or permanent harm" and thus violate the U.S. federal statute against torture.
The reasoning sounds almost circular. As one memo, from May 2005, put it: "The close monitoring of each detainee for any signs that he is at risk of experiencing severe physical pain reinforces the conclusion that the combined use of interrogation techniques is not intended to inflict such pain."
In other words, as long as medically trained personnel were present and approved of the techniques being used, it was not torture.
The memos provide official confirmation of both much-reported and previously unknown roles of doctors, psychologists, physician assistants and other medical personnel with the CIA's Office of Medical Services (OMS). The government's lawyers characterized these medical roles as "safeguards" for detainees.
Medical oversight was present from the beginning of the special interrogation program following the 9/11 attacks and appears to have grown more formalized over the program's existence. The earliest of the four memos, from August 2002, states that a medical expert with experience in the military's Survival Evasion Resistance, Escape (SERE) training would be present during waterboarding of detainee Abu Zubaydah and would put a stop to procedures "if deemed medically necessary to prevent severe medical or physical harm to Zubaydah." (All interrogation techniques, the memos said, were "imported" from SERE.)
Later, OMS personnel were involved in "designing safeguards for, and in monitoring implementation of, the procedures" used on other high-value detainees. In December 2004, the OMS produced a set of "Guidelines on Medical and Psychological Support to Detainee Rendition, Interrogation and Detention," a still-secret document that is heavily quoted from in three legal memos that were written the following year.
The CIA declined our request to comment further on the OMS' role in detainee treatment. The OMS employs physicians, psychologists and other medical professionals to care for CIA employees and their families.
Perhaps the most chilling aspect of the memos is their intimation that medical professionals conducted a form of research on the detainees, clearly without their consent. "In order to best inform future medical judgments and recommendations, it is important that every application of the waterboard be thoroughly documented," one memo reads. The documentation included not only how long the procedure lasted, how much water was used and how it was poured, but also "if the naso- or oropharynx was filled, what sort of volume was expelled ... and how the subject looked between each treatment." Special instructions were also issued with regard to documenting experience with sleep deprivation, and "regular reporting on medical and psychological experiences with the use of these techniques on detainees" was required.
The Nuremberg Code, adopted after the horrors of "medical research" during the Nazi Holocaust, requires, among other things, the consent of subjects and their ability to call a halt to their participation.
The memos also draw heavily on the advice of psychologists that interrogation techniques would not be expected to cause lasting harm. At times this advice sounds contradictory. While calling waterboarding "medically acceptable," the OMS also deemed it "the most traumatic of the enhanced interrogation techniques."
The fact that traumatic events have the potential to cause long-lasting post-traumatic stress syndrome has been well documented. Physicians for Human Rights, in interviews with eleven former detainees held in Iraq and Afghanistan, found "severe, long-term physical and psychological consequences." "All the individuals we evaluated were ultimately released without ever being charged," said Dr. Allen Keller, medical director of the Bellevue/New York University School of Medicine Program for Survivors of Torture.
The memos describe the techniques in highly precise and clinical detail, befitting a medical textbook. During waterboarding, in which a physician and psychologist were to be present at all times, "the detainee is monitored to ensure that he does not develop respiratory distress. If the detainee is not breathing freely after the cloth is removed from his face, he is immediately moved to a vertical position in order to clear the water from his mouth, nose and nasopharynx." Side effects including vomiting, aspiration and throat spasm that could cut off breathing were each addressed: "In the event of such spasms ... if necessary, the intervening physician would perform a tracheotomy."
While physician assistants could be present when most "enhanced" techniques were applied, "use of the waterboard requires the presence of a physician," one memo said, quoting the OMS guidelines.
Doctors were also described as having vetted the practices for safety. Certain limits on waterboarding were created "with extensive input from OMS." One memo states that OMS "doctors and psychologists" confirmed that combining the various techniques "would not operate in a different manner from the way they do individually, so as to cause severe pain."
Medical and psychological personnel were required to observe whenever interrogators came into physical contact with detainees, including slapping them and pushing them into flexible walls ("walling"). Whenever a detainee was doused with cold water, a medical officer had to be on hand to monitor for signs of hypothermia. Confining prisoners to cramped boxes required "continuing consultation between the interrogators and OMS officers." Prisoners made to stand for long periods to prevent sleep were to carefully monitor detainees for swelling of the legs and other dangerous conditions, and at least three times early in the program were switched, on medical advice, to "horizontal sleep deprivation."
This was one example of how medical personnel could, according to the CIA, help prevent "severe physical or mental pain or suffering" on the part of the detainees. However, the memos show that the OMS' role was not merely to limit the medical impact of interrogations, but also to consult on the effectiveness of interrogations. A May 30, 2005, memo quotes the OMS suggesting that cramped confinement was "not ... particularly effective" because it provides "a safe haven offering respite from interrogation."
Some medical professionals are calling for their colleagues to be investigated and sanctioned for participating in practices that professional medical and psychological organizations and officials in the Justice Department now call torture. "We stand ready to adjudicate these issues," said American Psychological Association spokesperson Rhea Farberman.
But finding out which professionals were involved in designing, monitoring and implementing the interrogation techniques may be difficult. The four memos were released almost in their entirety. The few redactions concerned mainly the names of the personnel involved.
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July 21, 2008

Nine Reasons to Investigate War Crimes Now

AlterNet
1. World peace cannot be achieved without human rights and accountability.

According to Supreme Court Justice Robert Jackson, chief American prosecutor at the Nuremberg Tribunals, "The ultimate step in avoiding periodic wars, which are inevitable in a system of international lawlessness, is to make statesmen responsible to law." Moving in that direction will be impossible unless such responsibility applies to the statesmen of the world's most powerful countries, and above all the world's sole superpower. U.S. support for the war crimes charges like those just brought by the prosecutor of the International Criminal Court against Sudanese President Omar al-Bashir will represent little more than hypocrisy if U.S. Presidents are not held to the same standard.
2. The rule of law is central to our democracy.
Most Americans believe that even the highest officials are bound by law. If we send mentally-disabled juveniles to prison as adults, but let government officials who authorize torture and launch illegal wars go scot-free, we destroy the very basis of the rule of law.
3. We must not allow precedents to be set that promote war crimes.
Executive action unchallenged by Congress changes the way our law is interpreted. According to Robert Borosage, writing for Huffington Post, "If Bush's extreme assertions of power are not challenged by the Congress, they end up not simply creating new law, they could end up rewriting the Constitution itself."
4. We must restore the principles of democracy to our government.
The claim that the President, as commander-in-chief, can exercise the unlimited powers of a king or dictator strikes at the very heart of our democracy. As Supreme Court Justice Robert Jackson put it, we, as citizens, would "submit ourselves to rules only if under rules." Countries like Chile can attest that the restoration of democracy and the rule of law requires more than voting a new party into office -- it requires a rejection of impunity for the criminal acts of government officials.
5. We must forestall an imperialist resurgence.
When they are out of office, the advocates of imperial expansion and global domination have proven brilliant at lying in wait to undermine and destroy their opponents.
They did it to destroy the presidencies of Jimmy Carter and Bill Clinton. They'll do it again to an Obama Administration unless their machinations are exposed and discredited first.
6. We must have national consensus on the real reasons for the Bush Administration's failures.
Republicans are preparing to dominate future decades of American politics by blaming the failure of the Iraq war on those who "sent a signal" that the U.S. would not "stay the course" whatever the cost. Establishing the real reasons for the failure of the U.S. in Iraq -- the criminal and anti-democratic character of the war -- is the necessary condition for defeating that effort.
7. We must restore America's damaged reputation abroad.
The world has watched as the United States -- the self-proclaimed steward of democracy -- has systematically broken the letter and spirit of its Constitution, violated international treaties, and ignored basic moral tenets of humanity. As former Navy General Counsel Alberto Mora recently pointed out to the Senate Armed Services Committee, our nation's "policy of cruelty" has violated our "overarching foreign policy interests and our national security." To establish international legitimacy, we must demonstrate that we are capable of holding our leaders to account.
8. We must lay the basis for major change in U.S. foreign policy.
Real security in the era of global warming and nuclear proliferation must be based on international cooperation. But genuine cooperation requires that the U.S. entirely repudiate the course of the past eight years. The American people must understand why international cooperation rather than pursuit of global domination is necessary to their own security. And other countries must be convinced that we really mean it.
9. We must deter future U.S. war crimes.
The specter of more war crimes haunts our future. Rumors continue to circulate about an American or American-backed Israeli attack on Iran. A recently introduced House resolution promoted by AIPAC "demands" that the President initiate what is effectively a blockade against Iran -- an act seen by some as tantamount to a declaration of war. Nothing could provide a greater deterrent to such future war crimes than establishing accountability for those of the past.
Holding war criminals accountable will require placing the long-term well-being of our country and the world ahead of short-term political advantage. As Rep. Wexler put it, "We owe it to the American people and history to pursue the wrongdoing of this Administration whether or not it helps us politically or in the next election. Our actions will properly define the Bush Administration in the eyes of history and that is the true test."

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May 21, 2008

Government May Have Massive Surveillance Program for Use in National Emergency

AlterNet
“Main Core,” a program that authorizes “computer searches through massive [unspecified] electronic databases” in order to discover “potential threats” in the event of a “national emergency”:

    According to a senior government official…”There exists a database of Americans, who, often for the slightest and most trivial reason, are considered unfriendly, and who, in a time of panic, might be incarcerated. The database can identify and locate perceived ‘enemies of the state’ almost instantaneously.” … One knowledgeable source claims that 8 million Americans are now listed in Main Core as potentially suspect. In the event of a national emergency, these people could be subject to everything from heightened surveillance and tracking to direct questioning and possibly even detention.

These so-called “Continuity of Governance” plans, Radar notes, “are shrouded in extreme secrecy, effectively unregulated by Congress or the courts.” “Main Core is the table of contents for all the illegal information that the U.S. government has [compiled] on specific targets,” said a former military operative. Furthermore, the NSA domestic surveillance program reportedly “suppl[ies] data to Main Core.”


According to Radar, a “number of former government employees and intelligence sources with independent knowledge of domestic surveillance operations” say Main Core is strikingly similar to what Comey refused to authorize at Ashcroft’s bedside:

    [T]he program that caused the flap between Comey and the White House was related to a database of Americans who might be considered potential threats in the event of a national emergency. Sources familiar with the program say that the government’s data gathering has been overzealous and probably conducted in violation of federal law and the protection from unreasonable search and seizure guaranteed by the Fourth Amendment.

“We are at the edge of a cliff and we’re about to fall off,” said constitutional lawyer and former Reagan administration official Bruce Fein. “To a national emergency planner, everybody looks like a danger to stability.”

February 21, 2008

Rigged Trials at Gitmo

The Nation
According to Col. Morris Davis, former chief prosecutor for Guantanamo's military commissions, the process has been manipulated by Administration appointees to foreclose the possibility of acquittal.


Colonel Davis's criticism of the commissions has been escalating since he resigned in October, telling the Washington Post that he had been pressured by politically appointed senior Defense officials to pursue cases deemed "sexy" and of "high interest" (such as the 9/11 cases now being pursued) in the run-up to the 2008 elections. Davis, once a staunch defender of the commissions process, elaborated on his reasons in a December 10, 2007, Los Angeles Times op-ed. "I concluded that full, fair and open trials were not possible under the current system," he wrote. "I felt that the system had become deeply politicized and that I could no longer do my job effectively."


Then, in an interview with The Nation in February after the six Guantánamo detainees were charged, Davis offered the most damning evidence of the military commissions' bias--a revelation that speaks to fundamental flaws in the Bush Administration's conduct of statecraft: its contempt for the rule of law and its pursuit of political objectives above all else.


When asked if he thought the men at Guantánamo could receive a fair trial, Davis provided the following account of an August 2005 meeting he had with Pentagon general counsel William Haynes--the man who now oversees the tribunal process for the Defense Department.


"[Haynes] said these trials will be the Nuremberg of our time," recalled Davis, referring to the Nazi tribunals in 1945, considered the model of procedural rights in the prosecution of war crimes. In response, Davis said he noted that at Nuremberg there had been some acquittals, which had lent great credibility to the proceedings.


"I said to him that if we come up short and there are some acquittals in our cases, it will at least validate the process," Davis continued. "At which point, [Haynes's] eyes got wide and he said, 'Wait a minute, we can't have acquittals. If we've been holding these guys for so long, how can we explain letting them get off? We can't have acquittals. We've got to have convictions.'"


Davis submitted his resignation on October 4, 2007, just hours after he was informed that Haynes had been put above him in the commissions' chain of command. "Everyone has opinions," Davis says. "But when he was put above me, his opinions became orders."


Reached for comment, Defense Department spokeswoman Cynthia Smith said, "The Department of Defense disputes the assertions made by Colonel Davis in this statement regarding acquittals."


"The fact that [Haynes] said there can be no acquittals will stain the entire [tribunal] process," says Scott Horton, who teaches law at Columbia University Law School and has written extensively about Haynes's conflicts with the Judge Advocate General's (JAG) corps, the judicial arm of the armed forces, which is charged with implementing the military commissions. According to Horton, Haynes tried to cut the JAG corps out of internal debates over the detention and prosecution of detainees, knowing it was critical of the Administration's views. In private memos and in public Senate testimony, high-ranking officers of the corps have repeatedly expressed concerns about the Administration's justification of "extreme interrogation techniques."


"The JAG corps consists of a group of rigorous professionals, but Haynes never trusted them to do their job," says Horton. "His clashes have always had the same subtext--they want to be independent; he wants them to do political dirty work."


Haynes, a political appointee and chief legal adviser to Defense secretaries Donald Rumsfeld and Robert Gates, was nominated in 2006 by the Bush Administration for a lifetime seat as a judge in the Court of Appeals for the Fourth Circuit. But his nomination never got out of committee, primarily because of the opposition of Republican Senator (and former military lawyer) Lindsey Graham and other members alarmed over Haynes's role in writing, or supervising the writing of, Pentagon memos advocating the use of harsh interrogation techniques the Geneva Conventions classify as torture.


Currently, in his capacity as Pentagon general counsel, Haynes oversees both the prosecution and the defense for the Guantánamo commissions.


"You would think a person in that position wouldn't be favoring one side," says Colonel Davis.


Told of Davis's story about Haynes, Clive Stafford Smith, a defense attorney who has represented more than seventy Guantánamo clients, said, "Hearing it makes me think I'm back in Mississippi representing a black man in front of an all-white jury."


He adds, "It confirms what people close to the system have always said," noting that when three prosecutors--Maj. Robert Preston, Capt. John Carr and Capt. Carrie Wolf--requested to be transferred out of the Office of Military Commissions in 2004, they said they'd been told the process was rigged. In an e-mail to his supervisors, Preston had said that there was thin evidence against the accused. "But they were told by the chief prosecutor at the time that they didn't need evidence to get convictions," says Stafford Smith.

February 14, 2008

Woman sues Ohio sheriff's deputy over 'outrageous' strip search

The Raw Story
Hope Steffey's night started with a call to police for help. It ended with her face down, naked, and sobbing on a jail cell floor. Now, the sheriff's deputies from Stark County, Ohio who allegedly used excessive force during a strip search 15 months ago face a federal lawsuit, and recently released video won’t help their case.


Steffey's ordeal with the Stark County sheriff's deputies began after her cousin called 9-1-1 claiming Steffey had been assaulted by another one of their cousins. When a Stark County police officer arrived, he asked to see Steffey's driver's license. But instead of handing over her own ID, she mistakenly turned over her dead sister's license, which she contends she keeps in her wallet as a memento. That's when the situation became complicated.


"Hope was not treated as a victim," her lawyer told WKYC News. "The officer said to her 'shut up about your dead sister.'"


Eventually, Steffey was arrested and taken to the Stark County Jail, charged with disorderly conduct and resisting arrest. But once in custody, her attorney says seven jail workers, male and female, forcibly removed Steffey of all her clothes, including her undergarments, while she lay face down in handcuffs. Local news footage shows Steffey wailing, asking "What are you doing?!?"


"And you have to ask yourself, what was the purpose of the strip search?" said Steffey's lawyer. "What was the necessity of it? This was a disorderly conduct claim."


The lawsuit says that Steffey remained in the cell for six hours and wrapped herself in toilet paper to stay warm. During that time, she was not allowed to use a phone or seek medical assistance for injuries she accrued that night, including a cracked tooth, bulging disc, and bruises.


Although the sheriff's policy requires officers conducting any strip search to be of the same sex, the sheriff contends that the tactic used on Steffey was not actually a strip search. He also questions the validiy of the events leading up to Steffey’s arrest.


Once shown the exclusive video, Steffey’s husband was in disbelief. "You don't treat people like this," he said. "I don't think murderers are treated like this."

This video is from WKYC News, broadcast February 1, 2008

October 04, 2007

Secret U.S. Endorsement of Severe Interrogations

New York Times
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. 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.


Congress and the Supreme Court have intervened repeatedly in the last two years to impose limits on interrogations, and the administration has responded as a policy matter by dropping the most extreme techniques. But the 2005 Justice Department opinions remain in effect, and their legal conclusions have been confirmed by several more recent memorandums, officials said. They show how the White House has succeeded in preserving the broadest possible legal latitude for harsh tactics. MORE

April 06, 2007

U.S. agents eye secret prisons in Ethiopia

Our president has not kept his promise to back off the torture or extra-legal renditions. They've just found a patsy to do it for him. Ethiopia is Bush's new Christian country joined in the "war against terror." The Ethiopians have been long known for their use of torture and extra-legal detentions. They have taken the war to Somalia at the bidding of the Bush Administration and are holding accused terrorists from Somalia, Kenya, and Nigeria as well as I'm sure many other locations.
But of course, since they are Christians, that makes it ok.
MSNBC.com
CIA and FBI agents hunting for al-Qaida militants in the Horn of Africa have been interrogating terrorism suspects from 19 countries held at secret prisons in Ethiopia, which is notorious for torture and abuse, according to an investigation by The Associated Press.
Human rights groups, lawyers and several Western diplomats assert hundreds of prisoners, who include women and children, have been transferred secretly and illegally in recent months from Kenya and Somalia to Ethiopia, where they are kept without charge or access to lawyers and families.


The detainees include at least one U.S. citizen, and some are from Canada, Sweden and France, according to a list compiled by a Kenyan Muslim rights group and flight manifests obtained by AP.


Some were swept up by Ethiopian troops that drove a radical Islamist government out of neighboring Somalia late last year. Others have been deported from Kenya, where many Somalis have fled the continuing violence in their homeland.


Ethiopia, which denies holding secret prisoners, is a country with a long history of human rights abuses. In recent years, it has also been a key U.S. ally in the fight against al-Qaida, which has been trying to sink roots among Muslims in the Horn of Africa.


U.S. government officials contacted by AP acknowledged questioning prisoners in Ethiopia. But they said American agents were following the law and were fully justified in their actions because they are investigating past attacks and current threats of terrorism.


The prisoners were never in American custody, said an FBI spokesman, Richard Kolko, who denied the agency would support or be party to illegal arrests. He said U.S. agents were allowed limited access by governments in the Horn of Africa to question prisoners as part of the FBI’s counter-terrorism work.

March 12, 2007

Twelve Year Old is Unlawful Combatant at Gitmo

The blog the talking dog has an interview with James Yee, the Muslim Caplain charged with espionage then released with an honorable discharge and commendations. He's wrote a book!
It seems that Bush has twelve year olds at Gitmo as well as Abu Ghraib. Just where does this guy get off?
James Yee is a graduate of the United States Military Academy at West Point. In 2002 and 2003, he served as the Muslim Chaplain at the Guantanamo Bay detention camp, with the rank of Captain in the United States Army. After ten months of deployment at Guantanamo, while traveling home for a two week leave, Captain Yee was arrested, and accused of espionage and spying, charges which carried the death penalty. He was then placed in solitary confinement in the Naval Brig in Charleston, South Carolina, under conditions resembling those in which Guantanamo detainees were kept, for 76 days. As the case against Yee fell apart, the military instead added criminal charges of adultery and having pornography on his computer, charges that were also eventually dropped. Captain Yee left the Army with an honorable discharge and service commendations. He is the author of For God and Country: Faith and Patriotism Under Fire.


As for the juveniles, there were at least three boys in Camp Iguana between 12 and 14 years old. There were at least 6 others, by the way, who were 15 or 16, definitely younger than 18, in general population. The three in Camp Iguana I met weekly. We were led to believe they were "hard core terrorists" but this was utterly ridiculous. The guards in charge of them would frequently discipline them with "time-outs" just as many American parents discipline their own children.


I spent a fair amount of time with the youngsters; they learned to throw footballs, and I watched them kick soccer balls- occasionally over the fence and into the ocean. These kids were not the hard-core super-terrorists capable of slitting anyone's throat, as we were led to believe, and as portrayed by our military and governmental officials. Nevertheless, it was no fun and games for these pre-teens boys. They were subjected to harsh interrogations just like the other prisoners. Several of these interrogations were taking place when I would come visit and thereby prevent me from accessing Camp Iguana.

February 01, 2007

A Day For Rule of Law: Germans Charge 13 CIA Operatives

News that will raise the hopes of Civil Libertarians around the world, German Courts join the Italians in challenging the Bush Administration claim to extraordinary rendition.
They are charging 13 CIA operatives for doing their masters bidding. Of course finding and trying a spook is not a likely outcome, Bush Administration officials and Intelligence services worldwide will now consider long and hard a policy that violates International Law, US law and English Common Law, upon which both US and British Law is based.
And it is notable, that one of the reasons this is happening is the man was tortured, saw no due process and then was dumped in Albania when they figured he was the wrong man.
washingtonpost.com
The CIA's clandestine program of abducting suspected terrorists and taking them to secret sites for interrogation unraveled further on Wednesday as German prosecutors issued arrest warrants for 13 agency operatives in the kidnapping of a German citizen in the Balkans in December 2003.


The case is the second in which European prosecutors have filed charges against CIA employees involved in counterterrorism operations. Italian prosecutors have charged 25 CIA operatives and a U.S. Air Force officer with kidnapping a radical cleric on a Milan street in 2003 and taking him to Cairo, where he says he was tortured.


European law enforcement authorities acknowledged that it is highly unlikely that any CIA officers -- most of whom work undercover, using false identities -- would be apprehended or extradited from the United States. But the arrest warrants, filed in Munich, mark yet another case in which CIA activities in Europe since the attacks of Sept. 11, 2001, have strained diplomatic ties and underscored deep differences between the United States and its transatlantic allies over how to fight terrorism.


Christian Schmidt-Sommerfeld, the chief prosecutor in Munich, said the 13 CIA operatives were wanted on suspicion of kidnapping and inflicting bodily harm on Khaled el-Masri, a German citizen of Lebanese descent. Masri has said he was detained by border guards Dec. 31, 2003, while en route to a holiday in Macedonia, and handed over to the CIA, which took him to a secret prison in Afghanistan and interrogated him about his alleged ties to Islamic radicals in Germany.


After five months in detention -- during which, he said, he was physically abused -- Masri was flown back to the Balkans and dumped on a hillside in Albania after his captors apparently decided they had apprehended the wrong man. German prosecutors said they were skeptical when he came to them with his bizarre-sounding story but later corroborated many parts of his account.

November 21, 2006

Avoiding Impeachment With Top-Secret Torture

The shear gall of this administration is astounding. Now they want to forbid the revelation of torture of unlawful combatants tried in military tribunals. So both the evidence and the means of obtaining it would therefore be forbidden to be revealed. The tribunals become little more than a rubber stamp for the arbitrary arrests and detentions that have repeatedly been demonstrated to include innocents time and time again. This is not to say some are not guilty.
But if there is to be credibility for the justice handed out by the tribunals, or the defendants appeals to federal court on their unlawful combatant status, there must be openness. Bush intends no such thing. He knows he's lied to the American people. Torture has been a routine practice since 9/11, much of it clearly illegal. He doesn't want to be impeached.
washingtonpost.com
BURIED WITHIN a recent government brief in the case of Guantanamo Bay inmate Majid Khan is one of the more disturbing arguments the Bush administration has advanced in the legal struggles surrounding the war on terrorism. Mr. Khan was one of the al-Qaeda suspects who was detained in a secret prison of the CIA and subjected to "alternative" interrogation tactics -- the administration's chilling phrase for methods most people regard as torture. Now the government is arguing that by subjecting detainees to such treatment, the CIA gives them "top secret" classified information -- and the government can then take extraordinary measures to keep them quiet about it. If this argument carries the day, it will make virtually impossible any accountability for the administration's treatment of top al-Qaeda detainees. And it will also ensure that key parts of any military trials get litigated in secrecy.


The trouble is that at least some of the secrets the government is trying to protect are the very techniques used against people such as Mr. Khan -- and its means of protecting them is to muzzle him about what the CIA did to him. CIA official Marilyn A. Dorn said in an affidavit that Mr. Khan might reveal "the conditions of detention and specific alternative interrogation procedures." In other words, grossly mistreating a detainee now justifies keeping him quiet.


[...]The problem with this argument is not just its Kafkaesque sheen. If the courts accept it, it would have vast practical implications. The integrity of any military trials of the high-value detainees will depend on their excluding evidence obtained by unduly coercive means. By the logic of the government's argument, however, all of that litigation will have to take place in secret. Detainees are also supposed to be able to appeal their status as enemy combatants to the federal appeals court here in Washington. The government's logic would all but assure that the bulk of any such appeal would be secret as well. So accepting this theory would mean that no claim of torture could be resolved in a transparent and accountable fashion. Given the importance of open trials for the high-value detainees, it's hard to imagine a principle that would more thwart the effort to bring them credibly to justice.

September 29, 2006

Due Process Suffers a Blow; Ashcroft Is Denied Immunity in Case

It used to be that American justice was a beacon for world full of despotism, selective law enforcement, judicial and executive excess. Now any non-citizen can be kidnapped and held for life without chance of trial, appeal or even seeing the evidence against them. And we have the President's word he won't order them tortured. He's been torturing all along and lying about it. It's a sad day for America when foreigners anywhere are no longer entitled to America's due process laws about imprisonment without trial.
Meanwhile, former Attorney General Ashcroft may be the second Administration official to face a court over the War Powers excesses of the Bush Administration.
Truly this has been a sad time for American values.
washingtonpost.com
Congress approved landmark changes to the nation's system of interrogating and prosecuting terrorism suspects last night, preparing the ground for possible military trials for key al-Qaeda members under rules that critics say will draw stiff constitutional challenges.


The Senate joined the House in embracing President Bush's view that the battle against terrorism justifies the imposition of extraordinary limits on defendants' traditional rights in the courtroom. They include restrictions on a suspect's ability to challenge his detention, examine all evidence against him, and bar testimony allegedly acquired through coercion of witnesses.


[...]Democrats resisted both measures and nearly amended the detainee bill to allow foreigners designated as enemy combatants to challenge their captivity by filing habeas corpus appeals with the federal courts. But Republicans held fast, gambling that Democrats will fail in their bid to convince voters that the GOP is sacrificing the nation's traditions of justice and fairness in the name of battling terrorists and winning elections.

The only real hope is that the Supreme Court will strike down this law or the new 110th Congress appeals the law.
On a more positive note:
washingtonpost.com
A federal judge in Idaho has ruled that former attorney general John D. Ashcroft can be held personally responsible for the wrongful detention of a U.S. citizen arrested as a "material witness" in a terrorism case. U.S. District Judge Edward J. Lodge, in a ruling issued late Wednesday, dismissed claims by the Justice Department that Ashcroft and other officials should be granted immunity from claims by a former star college football player arrested at Dulles International Airport in 2003.


Attorneys for the plaintiff in the civil suit, Abdullah al-Kidd, said the decision raises the possibility that Ashcroft could be forced to testify or turn over records about the government's use of the material witness law, a cornerstone of its controversial legal strategy after the Sept. 11, 2001, terrorist attacks.


The law was intended to give authorities the power to detain witnesses they feared might flee before testifying. But after the Sept. 11 attacks, the government used it to hold 70 men, nearly half of whom were never called to testify in court, according to a study by the ACLU and Human Rights Watch.


Kidd -- a Kansas native who was known as Lavoni T. Kidd before converting to Islam -- was arrested in March 2003 as he prepared to board a flight to Saudi Arabia, where he was planning to pursue a doctorate in Islamic studies. Federal prosecutors claimed he was a flight risk crucial to the prosecution of a fellow University of Idaho student, Sami Omar al-Hussayen. Kidd was imprisoned for 16 days in three states and then placed under restrictive court supervision for more than a year. But Kidd was never called to testify against Hussayen, who was eventually acquitted of computer-related terrorism charges.


While not deciding on the veracity of Kidd's claims, Lodge, who was appointed to the federal bench in 1989 by President George H.W. Bush, ruled that Ashcroft could be found personally liable in the case because of his role in establishing and enforcing the government's material-witness policies.

September 26, 2006

McCain Joins in the Double Talk

McCain is gearing up for 2008. It appears that he is adopting double talk as the official Republican platform. He calmly takes credit for moderating the Administration's position on extra legal detentions and torture, saying he's stripped the bill of the worst mistreatment. But no where does the bill actually say that. Sounds like Dubya has "reassured" McCain that he'll be good now.
We all have seen the track record that says otherwise. While at some point McCain had seemed honorable, even stateman-like. This turn about on civil liberties is nauseating. The Republican party will do and say whatever it takes to do whatever they want behind closed doors. Their positions are little more than window dressing of a newly crowned plutocracy, if they can fix the future elections like they did the last two.
washingtonpost.com
SEN. JOHN McCAIN (R-Ariz.) declared over the weekend that the compromise on detentions that he and other Republican senators worked out with the White House would bar the most abusive of the CIA's interrogation tactics. Extreme sleep deprivation, induced hypothermia and simulated drownings, he said on CBS's "Face the Nation," would no longer be legal: "I'm confident that some of the abuses that were reportedly committed in the past will be prohibited in the future," he said. We wish we could be as sure.


Mr. McCain's reading of his bill is not implausible; it would define as a crime any interrogation technique "intended to inflict severe or serious physical or mental pain or suffering" on a detainee. But the techniques he cites are not explicitly banned, and the Bush administration's history is one of interpreting limitations on interrogation tactics -- including Mr. McCain's previous legislation banning cruel, inhuman or degrading treatment -- as permitting methods most people regard as torture.


In fact, administration officials have loudly proclaimed that the new bill will allow the CIA's program of secret detention and interrogation to continue -- and the normal means of preventing an extreme interpretation of the law doesn't exist. The compromise bill strips the courts of any jurisdiction to hear cases -- including those cases already pending -- concerning detainee treatment. Unless this provision is changed, the administration will be free to ignore Mr. McCain's interpretation.


This is not the first time Congress has sought to limit judicial supervision of detentions in the war on terrorism. After the Supreme Court's assertion of jurisdiction over Guantanamo Bay, Cuba, in 2004 triggered a series of lawsuits, Congress moved to force their dismissal as part of the Detainee Treatment Act. The court found that the act did not apply to pending cases, leaving the lower courts unable to hear new cases but with jurisdiction over those already filed. The new measure would complete the job, removing jurisdiction over the remaining cases. Judicial review would be limited to appeals of verdicts from the military commissions being created to try detainees and findings of other tribunals that determine a detainee's combatant status.


This is a terrible idea. In general, court-stripping is a nuclear weapon in Congress's relations with the judiciary, one that presents profound constitutional questions and should be used only with the greatest of caution. If Congress passes responsible and lawful policies, judicial review poses no threat but serves to validate their lawfulness. In the context of the war on terrorism, judicial review has been the major lever that has forced the administration to moderate its policies and to seek congressional authorization for them.


The pending litigation, while cumbersome for the administration, has in no sense compromised the war effort. The Senate should adopt an amendment by Judiciary Committee Chairman Arlen Specter (R-Pa.) to restore judicial oversight. Preventing further judicial scrutiny would be reckless.

September 20, 2006

Rendition and It's Horrors

In 2002, an innocent Canadian man of Arab descent was plucked from a NY airport and wisked off to Syria to be tortured for his alleged ties to Al Qaeda. I wrote about his plight in August of 2005. A more complete story is available here in an article about the US torture prison in Afghanistan. Bush continues to claim he didn't know they were going to be tortured, yet his own troops and CIA officers did much the same in secret prisons all over the world. Now, just before a contested election, he wants to put them on trial!
This man has no business being president of the US.
washingtonpost.com
ACOUPLE of years ago, President Bush might well have counted Maher Arar as one of the success stories of the CIA's secret program for detaining and interrogating suspected terrorists. Mr. Arar, a Canadian citizen, was arrested at New York's John F. Kennedy International Airport in September 2002 because he was on a watchlist; Canadian police said they believed he had connections to al-Qaeda. Rather than being returned to Canada, Mr. Arar disappeared into the CIA's secret system -- he was transported to Syria and handed over to its military intelligence service. For several weeks, Mr. Arar was tortured by his Syrian captors, who beat him with an electric cable. Eventually he broke and confessed that he had trained at an al-Qaeda camp in Afghanistan.
The problem with this story, as an official Canadian investigation reported Monday, is that Mr. Arar was innocent. "Categorically there is no evidence" that Mr. Arar was a terrorist or posed a security threat, the report stated. He never traveled to Afghanistan. The Canadian police intelligence about him was simply wrong. But after his coerced confession, he was held in a Syrian dungeon for 10 months and suffered "devastating" mental and economic harm before finally being released in 2003.


[...]From early 2002 until this month the agency held some al-Qaeda suspects in secret prisons and subjected them to harsh interrogation techniques that, though they don't include beatings with cables, violate the Geneva Conventions and current U.S. law. Others, like Mr. Arar, have been secretly handed over to foreign governments known to use torture in interrogations, including Egypt and Jordan as well as Syria -- a practice known as "rendition."


Mr. Bush claims that the renditions, secret detentions and harsh U.S. techniques -- which most of the world regards as torture -- have yielded important intelligence. But as the military commanders who oppose such methods have insistently and courageously pointed out, it is well known that the information they produce is unreliable. Many detainees, as Mr. Arar did, will falsely incriminate themselves or others to avoid abuse. Over time, better intelligence can be obtained by working within guidelines mandating humane treatment of detainees -- such as those in the new Army interrogation manual released this month.


Moreover, as Mr. Arar's case illustrates, cruel treatment of prisoners, even in secret, eventually becomes known and can badly damage the honor and influence of the United States and its relations with allies. The mistreatment of Mr. Arar has hurt U.S. relations with Canada and could impede cooperation with its police and security services in the future. Other cases of rendition have similarly upset U.S. intelligence relations with Italy, Germany and Sweden.


It's no wonder that two former Republican secretaries of state, Colin L. Powell and George P. Shultz, oppose Mr. Bush's attempt to modify U.S. compliance with the Geneva Conventions to permit future secret detentions and renditions by the CIA. Or that military leaders ranging from Gen. John W. Vessey Jr., a former chairman of the Joint Chiefs of Staff, to Maj. Gen. Scott C. Black, the senior serving uniformed lawyer in the Army, also oppose the president's initiative. They understand well what Mr. Bush refuses to see -- that the price of his policies is bad intelligence, the criminal mistreatment of some innocent people, and damage to U.S. prestige and alliances that the country can ill afford.

May 27, 2006

June is Torture Awareness Month

Shining Light In Dark Corners supports efforts to advocate for the end of torture perpetrated worldwide, but especially by the US.
Amnesty International, Human Rights Watch, and a few other NGOs, have designated June Torture Awareness Month. Elendil has created a blogroll you can join if you're interested. You can find it here. The idea is that everyone is linked to from the blogroll, and in exchange, you discuss torture (as you already do), and link to the Torture Awareness site to help support the NGOs.
Elendil says,
There's a lot of bloggers concerned about human rights abuse in the War on Terror. If we coordinate, we can show our support and help Amnesty and HRW make Torture Awareness Month a success.

December 26, 2005

English Common Law Forbids Torture

The Belgravia Dispatch has a very interesting post excerpting an British court ruling titled Opinions Of The Lords Of Appeal For Judgment For Cause on the subject of torture and it's use under British Law. The roots of the law against torture extend back to "Common Law" which is the basis of both British and American law. Many people may not realize the roots of law in America refer back to English Common Law as it was inherited by our country's forefathers. The reason for reaching back into law that extends all the way to the Middle Ages is that wisdom of the ages is contained in it's depths. Granted that wisdom has to be considered in the context of it's age as well as the current precidents in place. The law in Britain has a history a thousand years older than our own. Often the lessons of history are reflected in law. Here is an except of Djerejian's excerpt:
The use of torture is dishonourable. It corrupts and degrades the state which uses it and the legal system which accepts it. When judicial torture was routine all over Europe, its rejection by the common law was a source of national pride and the admiration of enlightened foreign writers such as Voltaire and Beccaria. In our own century, many people in the United States, heirs to that common law tradition, have felt their country dishonoured by its use of torture outside the jurisdiction and its practice of extra-legal "rendition" of suspects to countries where they would be tortured.


Just as the writ of habeas corpus is not only a special (and nowadays infrequent) remedy for challenging unlawful detention but also carries a symbolic significance as a touchstone of English liberty which influences the rest of our law, so the rejection of torture by the common law has a special iconic importance as the touchstone of a humane and civilised legal system. Not only that: the abolition of torture, which was used by the state in Elizabethan and Jacobean times to obtain evidence admitted in trials before the court of Star Chamber, was achieved as part of the great constitutional struggle and civil war which made the government subject to the law. Its rejection has a constitutional resonance for the English people which cannot be overestimated.


During the last century the idea of torture as a state instrument of special horror came to be accepted all over the world, as is witnessed by the international law materials collected by my noble and learned friend Lord Bingham of Cornhill. Among the many unlawful practices of state officials, torture and genocide are regarded with particular revulsion: crimes against international law which every state is obliged to punish wherever they may have been committed...


Torture, one of most evil practices known to man, is resorted to for a variety of purposes and it may help to identify them to put this case into its historical context. The lesson of history is that, when the law is not there to keep watch over it, the practice is always at risk of being resorted to in one form or another by the executive branch of government. The temptation to use it in times of emergency will be controlled by the law wherever the rule of law is allowed to operate. But where the rule of law is absent, or is reduced to a mere form of words to which those in authority pay no more than lip service, the temptation to use torture is unrestrained. The probability of its use will rise or fall according the scale of the perceived emergency.


[...]The law will not lend its support to the use of torture for any purpose whatever. It has no place in the defence of freedom and democracy, whose very existence depends on the denial of the use of such methods to the executive.


Once torture has become acclimatised in a legal system it spreads like an infectious disease, hardening and brutalising those who have become accustomed to its use: Holdsworth, A History of English Law, vol v, p 194. As Jackson J in his dissenting opinion in Korematsu v United States, 323 US 214 (1944), 246 declared, once judicial approval is given to such conduct, it lies about like a loaded weapon ready for the hand of any authority that can bring forward a plausible claim of an urgent need. A single instance, if approved to meet the threat of international terrorism, would establish a principle with the power to grow and expand so that everything that falls within it would be regarded as acceptable.

December 15, 2005

House Supports Ban on Torture

It all sounds good, but there is a big loophole. This legislation is not legally binding. And it endorses the Field Manual. That Field Manual has an proposed addendum circulating that authorizing torture the US has been routinely using.
Washington Post
The vote specifically instructed House negotiators to include McCain's language, word for word, in the fiscal 2006 defense appropriations bill, a decision that is not binding but carries significant political weight. The House also supported a McCain provision that would require officials in any Defense Department detention facility to follow the interrogation standards in the Army's field manual on interrogations. That manual is currently being revised.


The vote sends a clear signal to the Bush administration that both chambers of Congress support the anti-torture legislation and want the government to adopt guidelines that aim to prevent damage to the U.S. image abroad. The White House has been aggressively pushing to create exceptions for CIA operatives and to water down McCain's language to keep it from limiting interrogators' options. But it appears that the administration and House Republican leaders lost some leverage yesterday.

Secret Rules on Torture

It goes on and on. Cheney gets his way through back channels if he can't up front.
Washington Post
It's reported that the Army is forwarding a classified addendum to the new Army Field Manual on interrogation operations. According to these reports, the 10-page addendum provides dozens of examples of what procedures may and may not be used by interrogators, and it informs commanders on the circumstances for their employment.
This move amounts to an attempt by the Army to use the back door to establish secret interrogation techniques at the same time the new Field Manual on interrogation operations is coming out (later this month). It sends exactly the wrong message to the world and, more important, fosters the same kind of confusion and contradictory policies that have contributed to the abuse of detainees in Iraq, Afghanistan and Guantanamo Bay.