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WSJ: Contractors Likely Involved in Waterboarding
There's still plenty to learn. From The Wall Street Journal (sub. req.):
The CIA's secret interrogation program has made extensive use of outside contractors, whose role likely included the waterboarding of terrorist suspects, according to testimony yesterday from the CIA director and two other people familiar with the program.Many of the contractors involved aren't large corporate entities but rather individuals who are often former agency or military officers. However, large corporations also are involved, current and former officials said. Their identities couldn't be learned....
According to two current and former intelligence officials, the use of contracting at the CIA's secret sites increased quickly in the wake of the 9/11 attacks, in part because the CIA had little experience in detentions and interrogation. Using nongovernment employees also helped maintain a low profile, they said.
The use of contractors continues, CIA Director Michael Hayden has admitted. That led Sen. Dianne Feinstein (D-CA) to ask Attorney General Michael Mukasey for an answer as to whether it is legal for contractors to employ "enhanced interrogation techniques," a question he said he didn't know the answer to during the hearing last week. That letter is below.
February 6, 2008The Honorable Michael B. Mukasey
Attorney General of the United States
United States Department of Justice
Washington, DC 20510Dear Attorney General Mukasey:
During the Senate Judiciary Committee hearing on January 30, 2008, I asked you whether it would be legal for the Central Intelligence Agency to use a non-governmental employee, such as a contractor, to conduct an interrogation that entailed the use of so-called “Enhanced Interrogation Techniques.” You responded that you did not know the answer to my question.
In this regard I would call your attention to more recent testimony by General Michael Hayden, the Director of the Central Intelligence Agency. On February 5, 2008, Director Hayden testified to the Senate Select Committee on Intelligence that “there are times when the individuals involved [in conducting CIA interrogations] are contractors, and there are times when the individuals involved have been government employees. It’s been a mix.” He also testified that “[i]n many instances, the individual best suited for the task may be a contractor.”
There is a great deal of debate over the legality, effectiveness, and wisdom of using coercive interrogation techniques at all. That such interrogations are being conducted by non-governmental employees only increases those concerns.
In fact, the use of contract interrogators also appears to contradict the policies of this Administration. The Office of Management and Budget has established a policy that governs agency decisions in the area of contracting. OMB Circular No. A-76 (Revised May 29, 2003) states that “inherently governmental activities” must be performed by government personnel.
The OMB policy further clarifies that an inherently governmental activity involves “protecting and advancing economic, political, territorial, or other property interests by military or diplomatic action, civil or criminal judicial proceedings, … or otherwise.” The policy also states that, to avoid transferring inherently governmental authority to a contractor, a federal agency must consider factors including “the [contractor]’s authority to take action that will significantly and directly affect the life, liberty, or property of individual members of the public.”
I believe that the interrogation of detainees falls squarely within the definition of an inherently governmental activity. I would like answers to the following questions: Does the Department of Justice agree that such interrogations are an inherently governmental activity? What are the Department’s views on the legality of using contractors to perform interrogations involving so-called “Enhanced Interrogation Techniques”? And what are the Department’s views on whether contractors are protected by the provisions of the Detainee Treatment Act that protect U.S. Government personnel from retroactive liability for using officially authorized interrogation techniques?
I look forward to your response.
Yours sincerely,
Dianne Feinstein
United States Senator













If you're a toymaker, and your contractor in China subcontracts out the painting and lead paint is used on your product, then you shouldn't be able to say you were victimized.
Likewise, if you are the greatest nation in the world and you send prisoners -- errr, detainees -- to countries that have a tradition of torturing people, then you shouldn't be able to say "Oops, we didn't know." Even better, this administration has actually said "These countries assured us they wouldn't torture these prisoners." What? Because we asked them to, they were going to play nice?
The neocons and the Bushies have trashed America. God knows how long it will take us to recover.
February 8, 2008 12:13 PM | Reply | Permalink
Re: CIA Contractors.
I know it is slightly out-of-topic, but I just wanted to remind us that we still don't know what happened on September 11 2001.
I'd like to know if the events refered to above might have been the product of "CIA CONTRACTORS."
To advance VP Cheney's "Enron Energy Policy."
Speaking of which also, it would be nice to finally have hearings on that, along with the charts showing a divided-up Iraq, into oil concessions.
This was "the" official energy program for the Bush junta.
And, according to Tenet, was going to be a "cakewalk."
February 8, 2008 12:16 PM | Reply | Permalink
John Kiriakou, ex CIA contractor?
If I were a contractor, I'd be worried because quailified immunuity would not be extended to non-government officials if this ever came trial.
February 8, 2008 12:27 PM | Reply | Permalink
"If I were a contractor, I'd be worried because quailified immunuity would not be extended to non-government officials if this ever came trial."
All you have to do is look at Blackwater. Has anybody from Blackwater been arrested or tried for the murders in the streets of Iraq last year? No.
February 8, 2008 12:37 PM | Reply | Permalink
@12:37 pm
Not yet, anyway. Of course there are always two sides to a murder case.
Admitted on the record violation of the Geneva Conventions? Well that's a whole 'nuther matter...
February 8, 2008 12:49 PM | Reply | Permalink
So, if the CIA guys themselves had little experience with torture, where did they get "contractors" who knew what to do? Ex-KGB guys? Ex-Contras? Ex-Mossad? Ex-Egyptian or Syrian secret police?
February 8, 2008 12:55 PM | Reply | Permalink
"extensive use of outside contractors"
CIA paying for mercenaries is not exactly new information.
What is new is the admission that
"large corporations also are involved"
basically admitting there is no difference between business, spy agency, government and military.
"use of contracting at the CIA's secret sites increased quickly" after 9-11.
So how long and how much has CIA contracted hit men BEFORE 9-11?
Any guess as to which large corporations are running this this country...??
February 8, 2008 1:02 PM | Reply | Permalink
We already know that Boeing and subsidiary Jeppesen were involved in the ghost flights of rendition and other detainess around the globe.
February 8, 2008 1:07 PM | Reply | Permalink
Seriously we need some TPM'ers who have some legal background to weigh in on the legal issues involved in these incidents as well as Blackwater. To me it looks like we used contractors because 1)we can put that money in the private sector which is something that GWB and friends have liked 2) it loosens some of the bounds by which a government officer is required to act but a contractor is a whole other ball of wax.
So we contracted out Security to Blackwater and other companies who operated outside the law and who employ former guerillas from Latin American countries like mercernaries, and now we found out that we are torturing people with mercenaries as well. Does GWB support the troops, hell no, he outsourced their jobs!
February 8, 2008 1:26 PM | Reply | Permalink
I just found this great quote that reminded me of this whole mess:
"Where all are guilty, no one is; confessions of collective guilt are the best possible safeguard against the discovery of culprits, and the very magnitude of the crime the best excuse for doing nothing."
Hannah Arendt
February 8, 2008 1:39 PM | Reply | Permalink
My guess is that this is yet another dodge by an administration and its supporters who take no responsibility for their actions. Apparently what Bush meant when he said, "We do not torture", was "We do not torture, but they (the contractors) do, but not us. So we're not liable for the myriad legal and human rights violations".
February 8, 2008 1:43 PM | Reply | Permalink
WSJ reporting that the act of torture is being "outsourced" abroad by the US government - that is classic! Just wondering why WSJ did not go a step further and determine whether our government got "good value" in the deal. ;)
February 8, 2008 1:58 PM | Reply | Permalink
I'm confused. Bu$hco can use contractors to torture people, but if I hire a contractor who happens to kill my husband, I get indicted for murder? Maybe I should be using Blackwater instead of Big Tony for my "contracting" needs.
February 8, 2008 2:21 PM | Reply | Permalink
There is not more law, just policy. The United States Supreme Court has decided to become a sub-cabinet of the Executive Branch and become a policy making body instead of a Court of Law. Don't think that we can look to statutes or judicial decisions for justice, they no longer apply.
February 8, 2008 2:23 PM | Reply | Permalink
Thank Dianne Feinstein for her efforts. Thank Russ Feingold and Christopher Dodd for their efforts to strike telecom immunity from the FISA legislation.
Impeach Bush/Cheney. I don't care if they only have one more year. We cannot let them get away with it, or it'll just happen again, under the stroke of a different pen.
We have to be very diligent about holding Congress and this exec. administration responsible--on every vote and every issue. We've lost too much already, and there's a lot more at stake.
http://www.whatsinthatkoolaid.blogspot.com/
February 8, 2008 2:50 PM | Reply | Permalink
Leave it to the Bush Administration to put a profit motive into human misery.
February 8, 2008 3:16 PM | Reply | Permalink
Nevermind walking for peace.
Have we marched for IMPEACHMENT yet???
February 8, 2008 3:33 PM | Reply | Permalink
Sweet Mary and Joseph.
February 8, 2008 4:47 PM | Reply | Permalink
The problem with these types of reports is that we as a public are expected to continue to tolerate these intrusions from the CIA contractors; yet, when the public is asked to support this war on terror with actions, the very sytem supposedly designed to protect US appears more inclined to target the people once inclined to step forward and work in government. The US government appears more competent at making the problem worse, than in lawfully using options to lead American citizens.
It's also absurd to believe that Congress is serious about conducting oversight. They may have subpoena power, but that power is not enforced -- per the DOJ AG's statements. If there are abuses by the CIA contractors, Congress is not inclined to do more than write more memos.
What's the plan to have the third branch, the judicial branch more visibly involved with public oversight of the CIA contractors operating stateside?
What is the process to reconcile misrepresentations by the CIA-affiliated contractors when they attempt to shift attention from their misconduct, illegal disclosures, or entrapment; and they attempt to pretend that "someone else" has the problem?
What role do these contractors have in domestic surveillance, FISA violations, and the capture-use of illegally captured information?
Are the contractors using illegally captured information to "justify" abuses against US citizens?
What type of coercion are these contractors using stateside against US citizens?
Is the use of civilian contractors in the US as domestic surveillance, monitoring, and confrontation part of Gonzalez "other" programs which he said he could not talk about?
Are the CIA contractors part of the civilianization of the US domestic national security effort; and to what extent have contractors been used to complement the CIA's domestic warrantless interrogation role they assumed as the wall between the FBI and CIA came down?
Are contractors doing domestically the same things done in Eastern Europe, abuses which the US supposedly was "fighting against" during the Cold War?
To what extent are CIA domestic contractors engaged in domestic surveillance using pretextual reasons, misleading information, and dubious claims of "concerns with national security" as a ruse to justify greater intrusions?
Who oversees this domestic surveillance by US contractors directed at non-combatant US civilians?
To what extent have contractors been authorized to lie, rely on secret accusations, and use things like NSLs to gather evidence which the FBI and CIA are not lawfully/as easily able to do?
Is there a plan in place to do as was done under FISA: Create a separate "Presidential program" that bypasses the court; and does not ensure CIA contractors are fully respecting the Constitutional rights of all American citizens?
How is the information the telecoms are gathering through NSA-related contractors meshed with the other domestic CIA-affiliated contractors?
When there is abuse of this information transfer and US citizens are targeted for intrusions, surveillance, pretextual stops, and other alleged illegal intrusions without adequate court oversight, who oversees the contractor systems?
Is the same judicial system that has given the President a blank check on national security issues, or been bypassed as it was in re NSA-FISA violations also characterizing these domestic contractors affiliated with the CIA as a state secret and not something the courts will adjudicate?
Who is keeping tabs on whether the CIA affiliated contractors operating in the US are or are not adequately complying with the statute?
Who issued the guidance and policies overseeing these CIA contractors?
Where are copies of the oversight guidelines and policies issued/enforced in re the CIA's domestic use of contractors against US citizens in the United States?
Is it the expectation of the government that all abuses the CIA contractors operating in the US are alleged to be complicit will be granted immunity under this "contractor telecom immunity"-bill?
To what extent is the FISA immunity bill intended to broadly apply to known illegal conduct of CIA-affiliated contractors, engaged in alleged abuses which have yet to be understood?
Has Congress, when it discusses the FISA-immunity provisions for telecoms, specifically constrained the immunity only to FISA-related violations; or is the immunity a broad grant of immunity that could include to-be-understood CIA-affiliated contractor abuses which violate the US Constitution/Bill of Rights?
Can someone provide a good explanation why anyone should believe there is a real difference between the CIFA, JTTF, CIA, and the CIA domestic contractors; or that the Congress or Courts are adequately positioned to adequately oversee these CIA contractors and ensure full compliance with all US codes clearly establishing the Bill of Rights?
What's the plan of DHS, JTTF, local law enforcement, and the CIA contractors to openly discuss the information transfers designed to surveil, harass, intrude, and monitor US citizen conduct?
What is the process US citizens can follow when the CIA contractors are involved with efforts to provide and use unreliable information to harass US citizens, induce compliance with unreasonable policies, or dissuade public discussion on matters of public interest?
February 8, 2008 6:57 PM | Reply | Permalink
So you want a legal opinion from an expert?
In 2002 the supreme court ruled on CHRISTOPHER V. HARBURY
ww.law.cornell.edu/supct/html/01-394.ZO.html
In short, CIA contracted out torture in Honduras.
And the Supreme Court decided in favor of CHRISTOPHER.
And guess what?
In 2002 CIA with a green light from Bush did so again.
The above link is the decision and here is the testimony of
ww.supremecourtus.gov/oral_arguments/argument_transcripts/01-394.pdf
Jennifer Harbury Monday, March 18, 2002, after arguing for her right to sue U. S. government officials for allegedly covering up the murder of her husband, Efrain Bamaca Velasquez who died in Guatemalan army custody after being tortured.
We singing Kum Ba Ya?
My take on this is that there is a difference between jury nullified torture, where a lurid circumstance makes it a rational and ethical choice, the ticking bomb scenario, and then the political reasons behind the act, the pure politics of it when politics shades intelligence.
Lets face facts, intelligence is closely coupled with politics, yesterdays foes, todays friends, and all that based on politics, not intelligence.
Was one of these guys water boarded into confessing the intel that was used to justify at least to neoconservative standards a rational for war? Was that tortured confession packaged as product to others for political purposes?
Well only the contractors know. I guess the point in this, there is little in the way of Guatemalan contracts for torture today as the politics have changed.
But the Neocons in my opine grasped the Supreme Courts arguments and then utilized them as a construct where the programme really went off the tracks when the Neocons not satisfied with the coerced information before the war, decided to use DOD to torture folks, (blackmail them sexually) with cameras rolling so they would go back out into society in Iraq and find the WMD.
I mean at one point the Inspector General CIA said to Rumsfeld/Cambone what you guys are doing is nuts and we're uncomfortable with it and pulled out of the program.
But the legal status??
CHRISTOPHER V. HARBURY
and
HAMDAN v. RUMSFELD
Kumb Ba Ya Lord,,Kumb Ba Ya
February 8, 2008 9:21 PM | Reply | Permalink
i'm surprised that nobody's said it flat out, but if you're talking contractors, blackwater must be involved. that's clearly the hint here, and why not? it only makes sense, considering they are the private guards for high-level state department officials, and seem immune to criticism or scandal. they have an insurance policy against scandal: their willing participation in US government-sanctioned torture.
February 8, 2008 9:46 PM | Reply | Permalink
One contractor is Titan - The lawsuit involving Rumsfeld 's ordering of torture currently going on in Germany could turn up other "INTEL" about which other contractors were used at Abu Gharib.
Titan is alleged to have used former Israeli
inteligence personel to interrogate detainees at Abu Gharib and elsewhere in the GWOT ,
if the second part of the Gen Tagube report was ever made public - we would all be better for it - We are not made more secure when our tax dollars & country's good name is used to outsource war crimes - we are made less safe ...
February 11, 2008 4:58 AM | Reply | Permalink
MESSAGE
February 14, 2008 6:47 PM | Reply | Permalink