The Torture Dissidents' Tale
How a group of Bush admin officials opposed harsh techniques—and how they were shot down.
Not everyone in the Bush administration supported the use of torture. A trio of high ranking officials in the State Department and the Pentagon waged bureaucratic war against use of so-called enhanced interrogation techniques, including waterboarding, on detainees. They lost this battle, but one of the three is now telling their story.
Testifying on Wednesday morning before a Senate Judiciary subcommittee, Philip Zelikow, a former top advisor to Secretary of State Condoleezza Rice, called for a “thorough inquiry, yielding a public report,” into Bush-era interrogation policies. Zelikow has previously said that a 2005 anti-torture memo he authored was ordered to be "collected and destroyed" by the Bush White House. At the hearing, two other internal memos opposing the administration’s detainee policies (the existence of which Zelikow described to Mother Jones last week) were released. (You can read highlights of the anti-torture memos on our blog.)
Zelikow painted a picture of a small team of dissidents within the Bush administration who argued against the administration’s interrogation policies. At some point in 2005, Zelikow said in prepared remarks, “the president indicated his readiness to hear alternatives” to the policies that were in place at the time. And Zelikow, along with then-State Department legal adviser John Bellinger, and then-deputy defense secretary Gordon England, obliged, producing a joint paper [PDF] outlining a new set of standards on how detainees should be treated. "While balancing the danger these individuals may present, they must be treated humanely, consistent with our values and the values of the free world," they noted.
But after they submitted the paper, top Bush administration officials apparently didn’t like what they saw. According to Zelikow, Defense Secretary Donald Rumsfeld not only disavowed the memo, but also retaliated against his subordinate, Gordon England, stripping him of jurisdiction over detainee issues. Zelikow and Bellinger continued to advance their anti-torture argument. In July 2005, they circulated another unclassified memo [PDF] that called for the Bush administration to adopt the CID—the "cruel, inhumane, and degrading" standard used by Common Article 3 of the Geneva Conventions.
By that fall, the arguments Zelikow and Bellinger outlined in the July 2005 memo were starting to gain traction, Zelikow said. On December 5, Condoleezza Rice announced publicly that the CID standard would be the rule governing conduct by any US agency anywhere in the world. ("Perhaps coincidentally," Zelikow snarked in a footnote to his prepared testimony, "CIA officials destroyed existing videotapes of its coercive interrogations in this same time period, November 2005.")
But Zelikow would soon realize that he and the administration differed on what constituted cruel and inhumane treatment. The Justice Department’s Office of Legal Counsel, "held that, even if the [CID] standard did apply, the full CIA program—including waterboarding—complied with it," he said.
In order "to challenge OLC’s interpretation, it was necessary to challenge the Justice Department’s interpretation of US Constitutional Law," Zelikow said. So that’s what he did, distributing a classified memo analyzing the OLC’s legal reasoning, "probably in February 2006." Zelikow would later reveal the existence of this document in April, as the debate over Obama administration’s release of Bush-era legal memos justifying the use of waterboarding, and other harsh tactics, climaxed.
"I later heard the memo was not considered appropriate for further discussion," Zelikow said, "and that copies of my memo should be collected and destroyed."
Last week, Zelikow told Mother Jones that he suspected the order to deep-six the memo may have come from Vice President Dick Cheney’s office. Zelikow ignored that order—and his memo has apparently been located and is in the process of being declassified.
Torture Dissidents
I respect the people in the Bush administration who voiced their reservations about waterboarding. I hope there are always such people. I do not hope or believe that their voices should always prevail. It's one of the Left's persistently adolescent traits to harshly judge those in the past who found themselves in impossible moral dilemmas. Perhaps you believe that it is better to risk letting a city (somebody else's city, preferably) go up in smoke rather than to waterboard a suspected terrorist. Or perhaps you merely think that you believe this. The true test, the only test, will be when we find ourselves actually responsible for making such a choice. And very few people, when confronted with that awful reality, will be willing to sacrifice a city -even somebody else's - to their consciences. Nor can they be honestly comforted by hopeful platitudes such as: "Torture never works." Alas, it often does. To deny this is to dodge the moral responsibility for making a choice. And that is the greatest betrayal of conscience a leader can committ.
Thucidydes noted that many states earnestly strive to live up to their ideals in times of peace and safety. They may even occasionally act against their own interests to do so. But war, he observed, is a harsh mistress. And over any considerable period of time she will always bring the characters of leaders down to the level of their conditions. Always.
Torture
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tagged as:
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Just because torture is necessary does not mean it should be legal or condoned. Politicians routinely ask young men (and now women) to risk death and injury for their country. They should be willing to do likewise in some smaller way. If the politician/patriot truly believes torture is the only way to save the country from harm he should be willing to defend his actions in the harsh light of public opinion or even to sacrifice a year or two of freedom. Hopefully this standard would spare some of the victims of degredation and sexual abuse who were tortured for fun or perversity. Does anyone really believe Lynnie England masterminded the abuse? Does anyone really believe Osama bin Laden left a forwarding address with his driver? Politians are quick to send the young to die and suffer. Why are they so worried about a year or two in a minimum security golf club?
Not only COULD Pelosi have
Not only COULD Pelosi have objected, SHE WAS OBLIGATED TO according to the crystal-clear language of the conventions. The language is very, very clear in the relevant treaties. And, Obama is endangering HIS administration IF HE DOES NOT PROSECUTE OR STANDS IN THE WAY OF PROSECUTION. There is no legal way around this.
Here are some excerpts and interpretations... "CAT (Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment 1984 (CAT)), the ICCPR (International Covenant on Civil and Political Rights 1966 (ICCPR)); and the Geneva Conventions have each been interpreted to require that States investigate and criminalize torture by their own officials and those acting at the officials’ direction.
Here is an example from just the CAT: "The relevant provisions of CAT are Articles 1, 4, and 5. Article 1 sets out who is responsible for acts of torture; stating that torture is an act that 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.” Article 4 details the obligation on the State to criminalize acts of torture, attempts to commit torture, or complicity or participation in torture. Finally, Article 5 requires the State to assert jurisdiction over these offences set out in Article 4 where the offences are committed in territory under the State’s jurisdiction ..."
Be sure to look at the original sources. This (above) is part of an easy-to-read interpretation of the treaties by the New York University Centre for Human Rights and Global Justice: (http://www.chrgj.org/docs/APPG-NYU%20Briefing%20Paper.pdf)
International Law (CAT)
Regarding torture - International law says that physical coercion with the intent of obtaining a statement, or the use of other methods to weaken resolve, such as "truth" drugs, is torture. Does (should) this extend to exclude the use of technology that makes it possible to observe neural activity? As neuroscience advances, we approach the ability to "read" thoughts and recover memories. Many occupations require a background check and polygraph test. How do you feel about this technology being used to prevent a "ticking time bomb" scenario? Are you willing to sacrifice your family's life to protect a terrorist's rights?
Please
Does anyone really take the left's call for investigations seriously? You want to string some folks up for waterboarding? How about we do that right after we rip JFK's name off of any public building since Seymour Hersh and others have proven he approved of assasinations and repeated attempts at assasinations. Waterboarding is mere child's play in comparison. What a bunch of loons.
Torture
I find it interesting that the very people who approved and at best stood by and allowed torture were mostly those who have never served. They have sat back in their fat cat chairs and looked down on the great unwashed of american as their property. Cheney and the Bush Administration are a disgrace as well as Pelosi. I also think Obama is beginning to care about his career a bit more than the people also. He gave us such hope. Most of the things is doing now is small stuff-not the big important changes needed. I'll believe healthcare improvement when I see it-he is disappionting me.
Why stay with waterboard - let's go overboard.
It's one of the Left's persistently adolescent traits to harshly judge those in the past who found themselves in impossible moral dilemmas. Perhaps you believe that it is better to risk letting a city (somebody else's city, preferably) go up in smoke rather than to waterboard a suspected terrorist. Or perhaps you merely think that you believe this."
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Your underlying operative premise is trash. None of the information legally or illegally extracted from detainees precluded an incipient terrorist attack. In any event, if you want to justify torture as a means to justify an end, why stop with mundane torture like waterboarding? Why not up the ante to dismemberment, castration, disembowlment and pins driven under fingernails? I'm sure we could get lots more information that way. And there certainly enough knuckle dragging goons like you among us to do the job in spades.
What is the moral question?
Most of us would be reluctant to say that killing another human being is, flatly, wrong. Most of us would need some context. For example, the killing might legitimately in be self-defense or the defense of others. Thus, in response to the question of whether killing is wrong, we might say that it depends on the circumstances, or that more often than not it is wrong, or that, without more, we cannot answer the question at all. However, when it comes to "coercive" interrogation -- a far cry from killing -- are so many people ready to make moral or ethical judgments in the abstract? Is it one of those few things that are always wrong (say, for instance, rape), or might one need context to make the moral/ethical judgment?
Assuming context is important, shouldn't we consider whether the interrogation is done in self-defense (when innocent lives are in jeopardy) or whether the subject belongs to an organization that is not a signatory to war-time conventions or treaties and shuns them in his or her own behavior (including by hiding among civilians or even killing civilians)? As the brilliant first post in this thread opined, there are likely some circumstances under which coercive interrogation becomes the far lesser of two evils -- and were the use of it (with appropriate controls to prevent bodily harm) might well be palatable in the face of a grave threat to thousands or hundreds of thousands of innocents.
Barack Obama politicized this issue during the campaign, and he is politicizing it again. He even went so far as to cleanse documents of the observations of his own advisors that coercive interrogation had saved lives. So much for giving us context. Will he tell the American people that he is making a judgment that may well cost us countless lives lost for the sake of a black and white moral/ethical judgment? How well would that go over? It would be the same as him telling us that all killing would be made illegal, irrespective of the context. Tell that to the daring men and women to defend their own lives and the lives of their families in the face of murderous attackers.
The unbelievability of those that condone torture
It never ceases to amaze me that first, there are people living in a civilized society that are even willing to torture, and second, that their suppporters are willing to bend the rules, absolve them of guilt, and find strawman arguments to okay what is decidedly wrong. If the US condones torture it is no better than any third rate, backwater nation. I am sure third world leaders also thought and believed that their ends justified their means.
If the US wants to be thought of as the beacon of the free world there should be an inherent agreement and belief that we are above such savagery as torture in order to gain our own ends. When we debase ourselves with torture we are no better than the enemies we are fighting.
Winning the war on terror is important, but how we win it is equally as important.
Zealots on both sides do nothing to advance either cause and make it decidedly difficult for either one to declare victory. Winning hearts and minds (which we had after 9/11) is as important as stopping the terror.
What would you do
1. It wasn't torture. The previous administration, along with dozens of lawyers, and the Justice Department said that it was not torture. Obama comes along and changes the name, so now it's torture. It's not black and white.
2. Being nice to terrorists isn't going to help or solve anything. If you don't believe me, ask Bill Clinton.
3. It's not about torture. It's about ethics -- more specifically, saving American lives from terrorists. If we need life saving information and we know that a terrorist has it, are you going to serve him tea and crumpets? Or do something about it? People just seem to think the US government wants to "torture" for fun. Like they have nothing better to do. These tactics were used on known members of Al Qaeda and known masterminds behind 9/11. And you want to protect these people. What would you do to protect your family against a violent, hostile intruder in your own home? Make him a cake? The CIA has to defend itself against violent, hostile intruders in our home, America.
4. And against terrorists, this "moral high ground" is BS. When people murder 3,000 innocent civilians without warning, when they are minding their own business, taking their children to school, or on their lunch breaks, or on their way to work, without provoking anyone, I'm sorry but the "moral high ground" goes out the window. There is no "moral high ground" against fighting people who are evil, and want to kill you, your family, and your children indiscriminately at any time. The "moral high ground" is a fantasy for those that sit back on their couches and read about things. There is no moral high ground for the victims of these criminals, or the men and women who put their lives on the front lines to defend these philosophical couch potatoes.
Torture
Bravo! I would just like to encourage some thought about the effects of torture: Those who support torture of our perceived enemies by us better keep their mouths firmly shut and expect no empathy when their own sons and daughters are tortured by these or any other enemies. What goes around comes around.
Torture and Obama
Long time ago when I was a student in Graduate Business School, in the class of ethics, we had a mandatory viewing of the film "Judgment at Nuremberg". In the film Nazi functionaries and Generals parroted excuse that they were ordered to do crimnal acts and therefore they were not responsible. After the film a lengthy discussion took place on the personal ethics and morality; and that everyone has a choice to say no.
Fast forward to President Obama's release of torture memos and his blanket pardon of CIA operatives who acted on the policy established by the torture memos. It seems to me that Obama can not have it both ways; either he is for the personal ethics and moralities or he is simply posturing. I urge him to come clean and make real change.
Sharing The Ignorance
Who among you can claim to have first-hand knowledge of torture, either as a provider or recipient?
The answer: None. Not a single one, of you knows the first thing about it, which may be the reason you're so willing to share your ignorance with one and all.
Going further, none of you, on either side of the argument, sound as though you even know anyone who actually has been subjected to the humiliation and angish of torture.
Try it before deciding if you like it.
Sharing The Ignorance
Who among you can claim to have first-hand knowledge of torture, either as a provider or recipient?
The answer: None. Not a single one, of you knows the first thing about it, which may be the reason you're so willing to share your ignorance with one and all.
Going further, none of you, on either side of the argument, sound as though you even know anyone who actually has been subjected to the humiliation and angish of torture.
Try it before deciding if you like it.
Sorry, but despite what you
Sorry, but despite what you see on TV - or maybe because of it [since they do show "bad guys" using torture] - the only consistent result of torture is to coerce confessions of wrongdoing. This is why those who have suspicious people in custody love torture. Those further up use it for propaganda purposes but those immediately in charge of detainees want closure. If the detainee has a "bad attitude" - which is exactly the kind of attitude expected from innocent people who resent the intrusion into their lives - they want to justify their detention. A coerced confession lets them feel good about themselves. Not every one with a "bad attitude" is a criminal but this serves a bipolar world and an "us versus them" mentality.
Repentance is in extremely short supply. It is in even shorter supply among those who pay lip service to Jesus who clearly stated his response to sin [wrongdoing]: repent and sin no more. You can't undo the psychic harm done by sin if you refuse to accept responsibility for abusive behavior. The real conflict is not between "doing what is necessary to protect the country" and minimizing abuse or harm done to those in custody. It is between following orders issued by abusive unrepentant leaders and doing what is right.
You will never be rewarded by your superiors for failing to follow an immoral or illegal order. I put that clearly in my book. I also warn readers that abusive leaders often know they are acting in an immoral and illegal manner and won't put their orders on the record. That is why demanding a paper trail will invariably protect you from being forced to commit abusive, immoral and illegal acts: your superior will just find someone else to do the dirty deed. Again, don't expect to be rewarded for your righteousness. You will be marked down for loyalty - the only asset valued by criminal enterprises such as government.
May God's will be done on earth and let it begin - and end - with myself. If it happens any other way it's not God's will.
Addressing the first comment
Addressing the first comment in this sequence, on which of the 183 occasions on which one suspect was waterboarded did he give up the sort of "ticking bomb" information that you would use to justify torture? Can we prosecute the torturers for the other 182 times?
We'll never know. Obama
We'll never know. Obama won't release the memos that show that this actually worked and thwarted specific terrorist plots. He gladly released the other ones though to make himself look good. Now he can't go and release the other memos because it will take the wind out of his sails when the American public sees the specific plots that were thwarted and the extent to which the "enhanced interrogation" techniques actually worked.
War Crimes
TORTURE IS A WAR CRIME. ANYONE AUTHORIZING IT, DOING IT, OR REFUSING TO PROSECUTE IT IS A WAR CRIMINAL.
ZELIKOW IS A LIAR
How quick your forget - If Zelikow's mouth is MOVING -that means he is LYING!
from the website RENSE
Phillip D. Zelikow...
911 Myth Maker
By Andrew
10-12-7
When you ask people to revisit the events of 9/11 and reconsider what really happened, you enter the twilight zone of public mythology where people don't want to rethink unhappy events and where you challenge their personal egos. Did you know that for the same reason that 2/3 of the women raped never report it, 2/3 of the victims of fraud never seek redress either? They find themselves at odds with their own egos; they simply don't want to admit that they have been so violated or duped. I believe that the story of Philip Zelikow is important to help people beyond their own egos and see how America is being raped.
Most people have never heard of Philip D. Zelikow, but he is best known as the executive director of the 9/11 Commission. He basically wrote the 9/11 Commission Report. Immediately prior to Bush appointing him to head the 9/11 Commission, Zelikow was the executive director of the little known Aspen Strategy Group whose members include Dick Cheney, Condoleeza Rica, and Paul Wolfowitz. Although most people don't know anything about Zelikow, they recognize Cheney, Rice and Wolfowitz as the Neoconservatives most responsible for stampeding America into the current unfortunate conflicts in Afghanistan and Iraq.
http://en.wikipedia.org/wiki/Aspen_Strategy_Group#Group_Members
Zelikow's record gets really interesting when we consider that he went on to write the 9/11 Commission Report. He earned a law degree from the University of Houston Law School and a Ph. D. from Tufts University. He wrote books too. He wrote a book on The Kennedy Tapes, and another on Why People Don't Trust Government. One of his areas of expertise is PUBLIC MYTHOLOGY. http://en.wikipedia.org/wiki/Philip_D._Zelikow
While at Harvard he actually wrote about the use, and misuse, of history in policymaking. As he noted in his own words, "contemporary" history is "defined functionally by those critical people and events that go into forming the public's presumptions about its immediate past. The idea of 'public presumption'," he explained, "is akin to [the] notion of 'public myth' but without the negative implication sometimes invoked by the word 'myth.' Such presumptions are beliefs (1) thought to be true (although not necessarily known to be true with certainty), and (2) shared in common within the relevant political community." So Zelikow, the guy who wrote The 9/11 Commission Report, was an expert in how to misuse public trust and create PUBLIC MYTHS.
If 9/11 was nothing but a huge HOAX, you would naturally expect that the event itself would have to be perfectly scripted.
In 1998, Zelikow actually wrote Catastrophic Terrorism about imagining "the transformative event" three years before 9/11. Here are Zelikow's 1998 words; Readers should imagine the possibilities for themselves, because the most serious constraint on current policy [nonaggression] is lack of imagination. An act of catastrophic terrorism that killed thousands or tens of thousands of people and/or disrupted the necessities of life for hundreds of thousands, or even millions, would be a watershed event in America's history. It could involve loss of life and property unprecedented for peacetime and undermine Americans' fundamental sense of security within their own borders in a manner akin to the 1949 Soviet atomic bomb test, or perhaps even worse. Constitutional liberties would be challenged as the United States sought to protect itself from further attacks by pressing against allowable limits in surveillance of citizens, detention of suspects, and the use of deadly force. More violence would follow, either as other terrorists seek to imitate this great "success" or as the United States strikes out at those considered responsible. Like Pearl Harbor, such an event would divide our past and future into a "before" and "after." The effort and resources we devote to averting or containing this threat now, in the "before" period, will seem woeful, even pathetic, when compared to what will happen "after." Our leaders will be judged negligent for not addressing catastrophic terrorism more urgently.
http://www.ksg.harvard.edu/visions/publication/terrorism.htm
If we can get people to see that the guy who wrote The 9/11 Commission Report got his Ph.D. in PUBLIC MYTHS and actually had his hand in scripting the 9/11 event itself in 1998, they might be more receptive to the idea that the official story of 9/11 should be revisited.
The other problem is getting them to look again at an unhappy event. Don't show them the unhappy pictures or the long videos of planes crashing into the WTC Towers or of the Towers collapsing. Instead show them short videos of what the first reporters said immediately after the explosions at the Pentagon and at Shanksville, Pennsylvania.
(1) http://www.youtube.com/watch?v=C02dE5VKeck and
(2) http://www.youtube.com/watch?v=JZekosYOmXc&mode=related&search
On September 11, 2001, the immediate reports on the ground told the truth. I think most people can see that it was later that the myth-makers retold the myth the way Zelikow scripted it to be remembered. This may be 2007, but when we consider the power of mythology the psychology of the average man hasn't changed in 4000 years. And when everyone in the political community believes the same myth, it becomes a parallel reality. With TV reinforcing the 9/11 myth every single day, it has become stronger than any belief system that I can remember, but we must explore ways to challenge it.
Tortured Detainee
I'm freaking out about the "suicide" of a high-value detainee who provided bogus information to the CIA after being captured and vanishing into the CIA secret detention system. He was found dead in his Libyan cell, conveniently.
When Bush ordered all detainees held by the CIA to be transferred to Guantanamo, Libi was pointedly missing.
The information Libi provided while being tortured was that Iraq had given training in chemical and biological weapons to al-Qaeda. This is the information that Gen. Colin Powell brought to the UN in what he now calls a blot on his record.
This is just too coincidental as it is being said that the White House demanded this link be made and that's what led to the disgraceful torture of prisoners.
Necessary - but for what end?
Those who claim that torture, for instance water-boarding, is "necessary" don't seem to take the point that torture produces unreliable information, that someone being water-boarded will say whatever he or she thinks the torturer wants to hear.
But let's say that what the torturer wanted to hear was about links between Sadam and 9/11. The method would be sure to deliver, whereas more reliable methods would not, as there was nothing TO deliver.
Torture is about anger, hierarchy and revenge. The torturer 'breaks' the suspect. But it is also about the torturer crafting the 'confession' of the suspect. There can be no other explanation for abandoning relatively reliable methods of interrogation for ones which enable the torturer to force the suspect to say certain things.
Think about it.
Elected officials need to be held accountable
Very dissapointing that our elected officials, especially within the Democratic Party, has now taken such a different approach in the discussions of Torture and the previous administrations corruption and illegal activities.
I am glad to see Cheney in the media (especially places other than foxnews) and is helping keeping the torture debate front and center.
We need to continue to keep the pressure on the President and Congress to do as we voted for. Change.
wevotedfyou.com. Holding our elected officials accountable.
Ogabe is smarter
Those who think that American patriots should be prosecuted for protecting the homeland should take a clue from Ogabe. He knows that any move to prosecute his predecessors will only (and rightly) result in retribution against him and his cabal when the inevitable cycle of elections results in a Republican administration.
Why do leftists hate America so???
Peace be upon you...
Although without those three, the entire Bush Administration, at most, would not have been worth a single mug shot, let's not forget that in the days of Thomas Jefferson, people were tarred and feathered. Are we supposed to turn the right or the left when being water-boarded?





























