TPM Muckraker

Posts on “Detainees: May 2008” in May 2008

American Spies on Trial in Italy

The trial is underway in Italy of 26 Americans, mostly CIA operatives, accused of abducting a radical Egyptian cleric in Italy and whisking him off to Egypt for torture.

They're on trial in absentia, but there's an Los Angles Times reporter there, telling a great story of "spies spying on spies"

Italy's top counterterrorism official, Bruno Megale, took the stand in Milan yesterday to tell how tapping phones helped to blow the lid off the Bush Administration's practice of "extraordinary rendition."

Megale obtained records of all cellphone traffic from the transmission tower nearest the spot where Abu Omar was abducted, for a 2 1/2 -hour period around the time he disappeared. There were 2,000 calls.

Then, using a computer program, Megale was able to narrow down the pool by tracing the phones that had called each other, in other words, an indication of a group of people working together. Seventeen phone numbers, which showed intensifying use around the time of the abduction, were pinpointed. By following all other calls made from those phones, the investigators ultimately identified 60 numbers, including that of a CIA officer working undercover at the U.S. Embassy in Rome.

In his testimony, Megale revealed that one telephone number he recognized was that of Robert Seldon Lady, then-CIA station chief in Milan. Lady and Megale had worked together in counter-terrorism investigations. It was a number, Megale said somberly, that he and his team knew.

Why Was the 20th Hijacker Not Charged?

When the Bush Administration rolled out charges against five Gitmo detainees last week for their alleged roles in the 9/11 attacks, there were a lot of questions about why the suspected 20th hijacker was not charged.

The Wall Street Journal today suggests one answer:

An alleged 20th hijacker in the Sept. 11 conspiracy attempted suicide rather than face a Guantanamo Bay military commission and now suffers from such mental impairment that he can't adequately help in his own defense, his civilian lawyer says.

The contention suggests one possible reason the Defense Department last week dismissed charges against Mohammed al-Qahtani, who faced a potential death penalty if convicted in the Sept. 11, 2001, terrorist attacks. At the time, the administrator of the military commissions, Susan Crawford, gave no explanation. Mr. Qahtani remains under indefinite detention, and prosecutors may seek to file amended charges.

In 2002 Mr. Qahtani suffered a severe and prolonged interrogation that a Pentagon review later labeled "abusive and degrading." Some military investigators and prosecutors feared that the coercive treatment had ruined a potential case against Mr. Qahtani, under legal and ethical rules.

Intriguingly, we may yet learn more about al-Qahtani's interrogation, the Journal reports:

Friday, a military judge ordered such an inquiry for Guantanamo defendant Salim Hamdan, Osama bin Laden's former driver, after a psychiatrist hired by the defense reported that Mr. Hamdan was suffering from "major depression" and expressed suicidal thoughts.

If a military judge were to order a similar examination for Mr. Qahtani, it could force the first independent inquiry into his interrogation, which to date has been reviewed by only the Pentagon.

The prospect of two key Guantanamo defendants being incapable of standing trial is another problem for a military commissions system already beset by legal challenges and staff unrest.

Late Update: Speaking today about al-Qahtani's suicide attempt, his lawyer told AP that she didn't learn of his suicide attempts until weeks after it occurred:

Gutierrez said the military did not inform her or al-Qahtani's family of the alleged suicide attempt. She said she learned of it when she went to visit him and noticed three scars on his hand, inside wrist and inner forearm near the elbow.

The prisoner seemed desolate during the meeting, said the attorney, who has met with him more than 20 times.

"This was the worst I have ever seen him in terms of his psychological state," she told The Associated Press. "He just can't take it anymore and just kept threatening to kill himself."


DOJ IG Report Takes It Easy on FBI

The DOJ inspector general's report on the FBI's role in detainee interrogations that we previewed yesterday has now been released -- all 370 pages plus appendices.

You can read the report in its entirety here (.pdf).

As Andrew Zajac at The Swamp notes, "The tortured title of the report -- A Review of the FBI's Involvement in and Observations of Detainee Interrogations in Guantanamo Bay, Afghanistan, and Iraq -- suggests a certain amount of hairsplitting and eggshell-walking."

We'll have more shortly.

Late Update: The bottom line of the report?

In Sum, while our report concluded that the FBI could have provided clearer guidance earlier, and while the FBI and DOJ could have pressed harder for resolution of FBI concerns about detainee treatment, we believe the FBI should be credited for its conduct and professionalism in detainee interrogations in the military zones and in generally avoiding participation in detainee abuse.

Later Update: The ACLU finds the report more troubling than exculpatory:

Jameel Jaffer, national security director for the American Civil Liberties Union, said the report "shows a failure of leadership on the part of senior FBI officials."

"Senior FBI officials knew as early as 2002 that other agencies were using abusive interrogation methods," Jaffer said. "The report shows unequivocally, however, that the FBI's leadership failed to act aggressively to end the abuse."

AP: Report on FBI Role in Interrogations to be Released Tuesday

The Justice Department's inspector general has finally completed its report on the FBI's involvement in detainee interrogations:

Overall, the report gives the FBI fairly positive marks for repeatedly raising concerns between 2001 and 2004 about interrogation methods at three military prisons: Abu Ghraib in Iraq; in Bagram, Afghanistan; and at the U.S. facility at Guantanamo Bay, Cuba.

According to two law enforcement officials who have seen it, the report's twelve chapters touch on a range of issues, including the interrogations of terror suspects who were thought to have high-value information. The officials spoke about the report on condition of anonymity because they were not authorized to discuss it publicly.

"The FBI decided it would not participate in joint interrogations of detainees with other agencies in which techniques not allowed by the FBI were used," the report concluded, according to one law enforcement official who has seen it.

Fine's office also concluded that clearer guidance was needed for FBI agents left wondering what to do when interrogation tactics appeared to violate what would be allowed in the United States -- as opposed to under military law or in overseas detention centers, according to the second law enforcement official.

And the report raps the FBI in some cases for not immediately reporting the questionable interrogations or leaving the room when they were under way, the officials said.

The IG's report has been delayed in part because the Pentagon slow-rolled its review of the report for classified information.

FBI Director Robert Mueller testified to Congress last month that he had "reached out" to the Pentagon and the Department of Justice "in terms of activity that we were concerned might not be appropriate -- let me put it that way." But it was clear from his testimony that the Justice Department's essentially unilateral legalization of torture had prevented the FBI from investigating the abuses its agents witnessed.

Next Month »« Previous Month

Advertisement
Please disable your adblocker!
Ads are how we pay the bills!

Subscribe
Tip Line

Josh
Marshall

Bio

Zachary
Roth

Bio

Tag Cloud



Subscribe to this blog's feed.

Advertise Liberally
Share
Close Social Web Email

"To" Email Address

Your Name

Your Email Address