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Yesterday we learned about the CIA's larger involvement in developing torture techniques at Guantanamo Bay -- techniques previously thought to have been developed primarily by the military.

In an epic eight-hour, three-panel hearing, the Senate Armed Services Committee examined dozens of documents and grilled former Pentagon officials involved in developing the interrogation methods introduced in 2002.

(Among several good articles on the hearings, a good place to start isSpencer Ackerman's article at the Washington Independent.)

Key to the hearings were the minutes of a meeting between CIA counter-terrorism lawyer Jonathan Fredman and a group of military and intelligence officials who convened at the base in Cuba to discuss the use of harsher interrogation techniques on detainees at Guantanamo Bay. The techniques derived from a training regimen U.S. Special Forces troops used prepare troops to withstand torture --Survival Evasion Resistance Escape, or SERE.

The SERE program -- first introduced to many by a 2005 article by the New Yorker's Jane Mayer -- is not an interrogation program. Nor is it an intelligence-collection program. Instead, it's an obscure program across the different military services' special-forces wings that teaches troops how to withstand torture if captured. Instructors subject students -- under the rigorous watch of psychologists and physicians -- to various torture techniques, including waterboarding, prolonged stress positions, sleep deprivation and sensory manipulation. Waterboarding "is an overwhelming experience that induces horror, triggers a frantic survival instinct," Malcolm Nance, a former Navy SERE instructor who was himself waterboarded, testified to Congress in November. "As the event unfolded, I was fully conscious of what was happening: I was being tortured."

On July 25, 2002, the Defense agency that oversees the SERE program, known as the Joint Personnel Recovery Agency, or JPRA, was contacted by a representative of Pentagon General Counsel William Haynes for information about SERE practices for the "exploitation process" -- that is, getting detainees to cooperate with their interrogators. The next day, JPRA's chief of staff, Air Force Lt. Col. Daniel Baumgartner, sent Haynes a lengthy memorandum explaining how the program worked.

. . . Baumgartner's memorandum was not the last time SERE techniques were introduced into the interrogation bloodstream. On the week of Sept. 16, 2002, JPRA officials invited a contingent of senior Guantanamo-based officers to a briefing session at Ft. Bragg, N.C. Haynes and his legal counterparts at the Central Intelligence Agency, Justice Dept. and the vice president's office visited Guantanamo the following week for an update on interrogations. The minutes of that meeting record that the commander of the detention facility "did take Mr. Haynes and a few others aside for private conversations."

Just the week after that, a senior CIA lawyer, Jonathan Fredman, instructed Guantanamo officers on various SERE-pedigreed torture methods, including waterboarding. "If the detainee dies," Fredman said, "you're doing it wrong." In response, the chief Guantanamo Bay attorney, Lt. Col. Diane Beaver, said, "We will need documentation to protect us."

The Washington Post today emphasized that the meeting records, specifically Feldman's statements, revealed the CIA's larger involvement in advising on the torture techniques, the creation of which was previously thought to fall mainly under the purview of the Defense Department.

Baumgarten and Beaver testified about their involvement:

Before the Senate panel, Baumgartner said he did not realize that Haynes wanted to use SERE techniques on enemy combatants. "I had no idea how it would be used," he testified. "When tasked by my higher headquarters... I can't really turn around and tell the flag officers and the senior executive service people no."
Beaver testified today for the first time since Haynes declassified her guidance in mid-2004. She said she intended for the techniques to be used under supervised and restricted circumstances. It turned out that not a single other military lawyer submitted written guidance in support of the SERE-derived techniques. "In hindsight," Beaver told the Senate panel, "I can only conclude that others chose not to write on this issue in order not to be linked to it. For me, that was not an option."

Meanwhile, Haynes attempted to distance himself from the policy.

Haynes, who retired from the Pentagon in April, after his nomination to the federal judiciary foundered, pled ignorance. "No, sir, I don't remember it at the time," Haynes said when asked if he had received Baumgartner's memorandum. "But I saw it a long time ago... it's possible I saw it at the time."

Pressed by Levin on how he could not have seen a memorandum concerning terrorism detentions and interrogations, Hayes replied, "the recipient is the Office of the Secretary of Defense General Counsel, which [was] not my precise title."

For more coverage, also see Ackerman's live blog of the hearing as it took place.


22 Comments

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Actually, I'm pretty sure most Americans were introduced to SERE by the 1997 Ridley Scott film G.I. Jane, where "Jordan O'Neill" (played by Demi Moore) is subjected to enhanced interrogation techniques by Aragorn from the Lord of the Rings.

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"GI Jane" came late to this issue. The 1986 film "Opposing Force" features master actor Anthony Zerbe as the 'commandant" of a brutal prison camp that is part of a SERE-like program training military officers in counter-insurgency. Although the movie is strictly late-night fare, it is chilling.

"the recipient is the Office of the Secretary of Defense General Counsel, which [was] not my precise title"

So it must have been delivered to the office, then and not the person in it. Hope the doors, windows and desks had a good time reading that memo.

I bet if we tortured him he'd remember if he read it or not.

Ironically all this "legal" torture would magically become illegal again if the senior members of this administration were suddenly subjected to such techniques in the course of these hearings.

Hugs,
Super J.

Again, the Democrats talk tough, expose criminal behavior, and not a single conviction. That is not government accountability. That's hypocrisy.

If Karl Rove gets away before the next president takes office, then power and influence will have won the battle, and in the not too distant future, we'll see them take over the world.

Don't get lost in the joyful Obama vision. Election fraud took the last two elections. Big Oil has our livelihood wrapped around it's little finger.

Call, Email, Write to your member of congress. If he won't sign on to the Kucinich resolution.

You'll vote for the challenger. Support the TROOPS, by upholding the rule of law at home, while they're out there on the frontlines.

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WeepingAnnual said;

"Election fraud took the last two elections."

The Repugs know the only way they can win the White House or pick up seats in Congress is to steal the upcoming elections.

Check out Indiana's recently enacted Voter ID law to start.

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I watched David Inglisas (SIC) former US Attorney from NM on the Daily Show promoting his new book. The salient question Stewart asked was whether the higher ups were going to get their due? The former US Attorney said that a process will have to be employed not unlike how they busted up the MOB, (interesting metaphor) first going after the little fish and flipping them with serious prosecution and the working up the food chain.

Fitzgerald did this effectively in IL with the corrupt GOP and Gov Ryan's Governorship. Maybe we need to appoint Fitzgerald as a special prosecutor during the next Obama Administration to go through the entire Bush Presidency and find all the prosecutions to be had.

It might be appalling and politically disheartening to the Conservatives who have no Conscience, but it might be necessary to put America back on the high moral ground in the Global Community.

. . .and the CIA genesis for all this is surprising why ???

2/17/06 Democracy Now -

"secret efforts to develop new forms of torture, spanning half a century. It reveals how the C.I.A. perfected its methods, distributing them across the world, from Vietnam to Iran to Central America, uncovering the roots of the Abu Ghraib and Guantánamo torture scandals."

http://www.alternet.org/story/32638/

they even tried to punk guys like Ackermann earlier in the year by peddling the meme that they weren't institutionally well versed

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The Defence department was involved, and the CIA was involved. Also, the lawyers for the White House were involved. Only one person is above all of those people, and that person is George Walker Bush. If President Obama doesn't pardon him immediately on taking office, that person should be prosecuted to the fullest extent of the law, both national and international law.

Suggestion to future Committee's; provide witnesses with all relevant documents in a contracts/legal folder cross-indexed and chronological. I watched in disgust, as Haynes suffered from memory lapse after memory lapse, and got away with it for the most part. Attorneys live and die by documentation, and the clean table in front of him attests to his commitment to the truth of the matter being investigated by the Committee.

I watched much of the testimony from all three panels.

The documentation was bound and tabbed.

As I understood Haynes to say, he, the General Counsel to the Secretary of Defense, had no work notes, no documentation and, but for a one page memo, no signed policy directives for the 10,000 DoD lawyers regarding the treatment of prisoners in US custody.

Nobody is that incompetent.

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Give George Bush a third term: Twenty years to life.

Saw this posting on a CNN blog and thought it fit perfectly, here, too...

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That "Give Bush a 3rd Term - 20 to Life" should be a widely available bumper sticker.

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Umm . . . this isn't a movie where the detainees are actors pretending to be tortured. This is reality: your country, the US, deliberately engaged in the war crime of torture. Torture is always and everywhere prohibited, at risk of the death penalty. Torture cannot be made legal. And even the ATTEMPT to make it legal is illegal.

That means that every shred of the fig-leaf effort by the Bushit criminal enterprise to make it appear legal is null-and-void.

Screw Hollywood and filmic fantasies: deal with those realities.

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"Fitzgerald did this effectively in IL with the corrupt GOP and Gov Ryan's Governorship. Maybe we need to appoint Fitzgerald as a special prosecutor during the next Obama Administration to go through the entire Bush Presidency and find all the prosecutions to be had."

1. Fitzgerald is expert at that technique.

2. He has also prosecuted, convicted, and imprisoned DEMOCRATS.

3. He is indefatigable, and has never lost a case.

4. He hasn't closed the office he opened to conduct the Plame investigation.

5. It appears he has found leads from a recent conviction in Chicago to the WH and the US Atty. firings.

6. Open question: it was speculated by the media that his letter to Rove informed Rove that he wouldn't be indicted. If that were true, why has Rove not released or leaked that letter? Did it instead inform him of the terms of a deal to which Rove agreed?

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As to impeachment: we know it's a non-"starter" becaues it wouldn't go anywhere in the Senate. Unless . . .

I was one rivited by the Watergate hearings, especially those in the House. Initially, the Republicans on the Judiciary Committee fell all over themselves defending Nixon. There was no way they were going to buy impeahcing him.

Then, as the evidence began to mount, and to be revealed, the Republicans, one by one, beginning with Baker's' "What did he known, and when did he know it?" began to change. The first to vote for impeachment was Cohen of ME.

A bit of background: there was an effort in the House to investigate the Watergate break-in that Fall, months after it occurred; but the Republicans refused to show for that committee's hearings, so a quorum could not be achieved. Next, the Ervin hearings occurred -- in the Senate. As that snowballed, the House was compelled by the attention and pressure to act.

So, yes: formal impeachment begins in the House; but formal investigation need not.

And I note that the Washington Post has finally been running, on the front page, a story a day on these particular hearings and their results. And it's obvious that the Senate hasn't been sitting on its hands or pretending reality doesn't exist; it has been meticulously investigating, and compiling evidence, and doing the drudge work of putting it all in order.

And there will be further investigative hearings and reports coming within the next several months. Will there be a "tipping point" at which the Senate Republicans throw in the towel on the Bushit criminal enterprise -- a point at which the issue has "cooked" long enough that the House, being ready to impeach -- the Speaker can be outvoted -- will finally get an "all clear" from the Senate?

The results of horse races and jury trials are usually not known before the race is run, or the trial is held.

We need to remember that the impeachment cases against Bush and Cheney have not been presented.

Anyone who pretends to know, today, how the Senate would judge Bush and Cheney AFTER hearing the cases against them is being presumptuous.

If the House were to conduct hearings, a great deal more evidence, and testimony from witnesses UNDER OATH, would come out.

Please allow for the possibility that the cases presented against both Bush and Cheney might well be so overwhelming and so persuasive that at least some Republican Senators would not be able, in good conscience, and in public, to leave them in office.

Maybe ... just maybe ... there'd be enough.

Check it out . . .

THE PROSECUTION OF GEORGE W. BUSH FOR MURDER
by Vincent Bugliosi, the former LA prosecutor
who won 105 felony convictions in 106 trials, including 21 out of 21 murder cases.

Just published on May 27.

Before I went to Vietnam in 1968, all flight crew personnel were required to go through SERE training. This is certainly nothing new. However, I do not remember ever being waterboarded or seeing it done as part of our training.

Perhaps introducing waterboarding into SERE training came only when we began using it on our own prisoners, and began to assume that it could be used against us! Anyone know when this technique was first introduced into SERE training?

These convenient memories amaze me(Haynes). What could have been promised to all of these forgetful guys that keeps them from remembering anything material? Loyalty oath? I guess Haynes has his golden parachute (Chevron council). Is it simply that the forgetful ones are the ones who know that frankness puts them on the hook for crimes? I envision a series of hearings next year with a bunch of former Bush admin officials all employed by oil companies, telecoms, and republican think tanks and the like and no one remembers a thing.

"Fitzgerald did this effectively in IL with the corrupt GOP and Gov Ryan's Governorship. Maybe we need to appoint Fitzgerald as a special prosecutor during the next Obama Administration to go through the entire Bush Presidency and find all the prosecutions to be had."

Oh yeah, about that, John Dean noticed this about how Obama is NOT actually EVER going prosecute anyone in the Bush administration:

Obama: You know, I often get questions about impeachment at town hall meetings and I've said that is not something I think would be fruitful to pursue because I think that impeachment is something that should be reserved for exceptional circumstances.

You know, as IF Bush has NOT had ANY exceptional circumstance already for impeachment - like you know, trying to get congress to appove of his "enhanced interrogation techniques" aka torture that Bush has been allowing in his administration.

And if Obama can't even stand up the lies of this new FISA Bill - well now you see why Obama has decide how it is so much easier to simply trash MoveOn.org. Our newly voted for agent of change is running as cowardly, and as fast as he can down the path of least resistance.

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