Below is my column today in USA Today on the torture report. This is the slightly longer version that ran on the Internet.
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As Shakespeare wrote in the Merchant of Venice, “truth will out.” The release of the report of the Senate Intelligence Committee was the long-awaited truth about one of this country’s most shameful chapters. Like water, truth has a way of finding its way out even against the determined obstruction. However, the question is what truth came out this week in the hundreds of pages of highly disturbing, and often disgusting, details of the “enhanced interrogation” program.
There are obvious “truths” about waterboarding being a crime and how torture is a poor vehicle for obtaining intelligence.
Then there are truths that are less obvious but equally clear in the pages of this report. Here are three such inconvenient truths that emerge from the Torture Report:
Truth #1: The CIA proved it is immune from legal restraints
As damaging as this report is to the reputation of the Agency, it reaffirms the underlying assumption that made the torture program possible: CIA officials enjoy effective immunity from the law.
The report details crimes that run gamut of the criminal code. It starts with torture itself that is not just a crime but a war crime. However, the report also details – and names some of those responsible – for destroying evidence, lying to Congress and obstructing investigations into the torture program. Former Director Michael V. Hayden is cited for actively telling employees to lie and for personally giving false information to Congress . CIA Deputy Director John McLaughlin was expressly called on the Senate floor by Sen. Dianne Feinstein for giving false information to Congress. CIA General Counsel Scott Muller in 2003 is quoted as lying to the White House about the existence of videotapes on the interrogations. The report details false statement after false statement given by past directors and high-ranking officials to Congress, to the White House and to the American people. It also details how, after CIA were told about inquiries into the legality of the torture program, officials promptly ordered the destruction of video tapes to get rid of the evidence.
Yet, what did all of that prove? It proved that the CIA could commit all of these crimes, even war crimes, and not face a single federal charge. Not one. The only thing more chilling than the torture carried out in our name was the fact that it was carried out with utter impunity.
Truth #2: The Justice Department First Facilitated Torture And Then Obstructed Its Prosecution
One of the least discussed “truths” in this study is the ignoble role played by the Justice Department. During the Bush Administration, figures like Jay Bybee and John Yoo issued the infamous “torture memos” that gave legal cover for the programs. The only thing more tortured than the subjects was the legal authority used to justify their abuse. However, the report also details how the Bush and Obama administrations obstructed the investigation at every turn. Six months after Congress began to investigate the program and was demanding to interview key players, Attorney General Eric Holder suddenly announced the Justice Department’s own investigation under John Durham. As soon as the Justice Department investigation was announced, virtually every key player refused to speak with congressional investigators in light of the internal investigation. As expected, Durham later found that not a single crime could be found. Not in the destruction of evidence. Not in the false statements. Certainly not in the torture itself.
Holder and the Justice Department proved as much enablers as did their predecessors in the Bush administration. Soon after taking office, President Obama shocked many by going to the CIA and assuring employees that, despite his recognition of the torture, no one would be prosecuted. Holder and the Justice Department played as great a role in fulfilling that pledge as Justice did in facilitating the program itself.
Truth #3: Torture remains a question of effectiveness for many in government
Perhaps the most chilling truth is that the CIA and key American leaders continue to deny the very premise of both international and domestic laws. The key response of the CIA was to insist that the program was “effective” – the very rationale that is expressly rejected in the Convention Against Torture and other laws. It does not matter if torture was useful or productive. It is a war crime. We should know. We wrote that language saying that no nation can justify torture due to “exceptional circumstances” or effectiveness. Yet, the very agency that committed these crimes has continued to argue that those crimes were productive exercises.
The current debate over whether torture works reveals how far we have fallen as a nation in our view of this war crime. Not only does our embrace of torture threaten our own soldiers and citizens abroad, we have lost the moral high ground internationally. The truth is that torture could easily return to the United States so long as it is viewed as a practical question instead of a moral one.
Jonathan Turley, a law professor at George Washington University, is a member of USA TODAY’s Board of Contributors.
Max, as I mentioned, NO MORE so than many other American Prisoners in the American Prison system……
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and the things he was subjected to were decided on by INDIVIDUALS…
NOT overseen by Obama, or anybody in Obamas White House or Justice Dept…
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This is NOT the same thing….
BOTH are horrific… But…. They are NOT the same…
Unfortunately, the American Prison system is one that uses Torture on a regular basis…..
Yeah… Of course those things are NOT going on in American Prisons…
NOPE… It is actually WORSE…
Manning might just have been a bit lucky he was not in a Texas Prison..
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http://www.informationclearinghouse.info/article8451.htm
Torture Inc. Americas Brutal Prisons
Savaged by dogs, Electrocuted With Cattle Prods, Burned By Toxic Chemicals, Does such barbaric abuse inside U.S. jails explain the horrors that were committed in Iraq?
By Deborah Davies
They are just some of the victims of wholesale torture taking place inside the U.S. prison system that we uncovered during a four-month investigation for BBC Channel 4 . It’s terrible to watch some of the videos and realise that you’re not only seeing torture in action but, in the most extreme cases, you are witnessing young men dying.
The prison guards stand over their captives with electric cattle prods, stun guns, and dogs. Many of the prisoners have been ordered to strip naked. The guards are yelling abuse at them, ordering them to lie on the ground and crawl. ‘Crawl, motherf*****s, crawl.’
If a prisoner doesn’t drop to the ground fast enough, a guard kicks him or stamps on his back. There’s a high-pitched scream from one man as a dog clamps its teeth onto his lower leg.
Another prisoner has a broken ankle. He can’t crawl fast enough so a guard jabs a stun gun onto his buttocks. The jolt of electricity zaps through his naked flesh and genitals. For hours afterwards his whole body shakes.
Lines of men are now slithering across the floor of the cellblock while the guards stand over them shouting, prodding and kicking.
Second by second, their humiliation is captured on a video camera by one of the guards.
The images of abuse and brutality he records are horrifyingly familiar. These were exactly the kind of pictures from inside Abu Ghraib prison in Baghdad that shocked the world this time last year.
And they are similar, too, to the images of brutality against Iraqi prisoners that this week led to the conviction of three British soldiers.
But there is a difference. These prisoners are not caught up in a war zone. They are Americans, and the video comes from inside a prison in Texas
Bradley Manning’s detention is not comparable with the horrific measures imposed on Jose Padilla, an American citizen who was accused of plotting to detonate a “dirty bomb” and held as an “enemy combatant” for six years before being convicted on a lesser charge. Padilla’s attorneys alleged that he was subjected to sleep deprivation, sensory deprivation, and tortured with psychotropic drugs until he lost his mind. But Manning is also a 23-year-old who, whether he is right or wrong, thought he was doing the right thing, and has now run into the maw of a vindictive American security state.
http://www.globalresearch.ca/bradley-manning-suffering-extreme-isolation-prison-torture-courageous-whistleblower-physically-deteriorating/22511
Justa
Manning was tortured on Obama’s watch…
Thanks for the link!
This is a VERY LONG report… Sorry for the lengthy snippet of it….
This details what he was subjected to……
and this report would absolutely include the kinds of torture the CIA used, if Manning had actually been subjected to it…..
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The motion on “unlawful pretrial punishment” asserts officers at the brig made a decision to hold Manning in the harshest conditions possible, regardless of his psychological health. It concludes, as a result of “flagrant violation” of Manning’s “constitutional rights,” the judge should dismiss all charges with prejudice or, at minimum, grant “meaningful relief in the form of at least 10-for-1 sentencing credit for the 258 days PFC Manning inappropriately spent in the equivalent of solitary confinement.”
According to the motion, in January 2011, a senior officer told multiple brig officials during a meeting that he was to be held in “maximum custody” and under “prevention of injury” (POI)
http://www.globalresearch.ca/bradley-manning-tortured-at-quantico/32334
Under POI, according to the defense website, Manning was required to eat all of his meals alone and could only eat his meals with a spoon. He was not allowed to speak with any prisoners. He was given a suicide mattress with a built-in pillow. He was given a “tear-proof security blanket” that was “extremely coarse” and led to rashes and carpet burns on Manning’s skin. The blanket was stiff and would not “contour to his body” so it did not keep him warm. He was not allowed any personal items in the cell. He could only have “one book or one magazine” and when he was not reading the book or magazine would be taken away. It also was taken away each day before he went to sleep. He was not permitted to exercise in his cell. Any attempts to do push-ups or sit-ups would lead to officers ordering him to stop. Every night he went to sleep he had to strip down to his underwear and surrender his clothing to guards.
Manning had to request toilet paper when he needed to go to the bathroom. He would have to wait for guards to get around to providing this to him. No soap was in his cell. Sometimes when he wanted to wash his hands after using the bathroom, he would be able to, but sometimes he would not. No shoes were allowed to be worn. Initially, he was only allowed one hour of “permitted correspondence” a day. Then, after Oct 27, 2010, that changed to 2 hours/day.
Constantly, Manning was monitored. Guards checked on him every five minutes asking, “Are you okay?” Manning had to respond affirmatively each time and guards would take note of each exchange in log books. When guards could not see him clearly at night, like when he had his blanket up over his head or when he was curled up against the wall, the guards would wake Manning up and see if he was “okay.” And all of the lights were never turned off. There was also a fluorescent light in the hall outside of Manning’s cell that was kept on during the night.
These conditions were in addition to the maximum custody conditions imposed, which included being placed in a cell directly in front of the guard post so he could be monitored at all hours of the day, having to wake up at 5 am in the morning, having to stay awake from 5 am to 10 pm every day and not being permitted to lie down or lean his back against the cell wall. He was permitted only 20 minutes of “sunshine call” where he would “be brought to a small concrete yard, about half to a third of the size of a basketball court.” In the yard, he could walk around with “hand and leg shackles” on, while a Brig guard walked at his “immediate side.” The guards gave him athletic shoes that had no laces and would fall of when he tried to walk. Manning chose to wear boots so his shoes would stay on while walking. He would typically walk in “figure-eights” and was not allowed to “sit down or stay stationary” during “sunshine call.”
By December 10, 2010, he earned a longer period of recreation: one hour each day. He could exercise and move around without shackles or a Brig guard at his side. There was “exercise equipment” he could access but he would not normally use it because guards would tell him he could not use certain equipment and much of it was “unplugged or broken down.”
Manning could have non-contact visits on Saturdays and Sundays between noon and 3 pm with “approved visitors.” During visits, he had to wear “hand and leg restraints.” He met his visitors in “a small 4 by 6 foot room that was separated with a glass partition. His visits were monitored by the guards and they were audio recorded by the Brig.
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The motion features what appears to be a deposition from one of the Brig psychiatrists that recommended Manning’s POI designation be removed. The psychatrists, whose name is redacted, details how the psychiatrist ”knew” the brig was “very concerned about his safety…because there had been a suicide in the brig earlier that year.”
Reblogged this on Citizens, not serfs.
No… Our Prisons need a makeover and I was not blaming that on Bush…
YOU are trying to equate what Manning was subjected to, as being TORTURE…
Well… Yes… Some countries call Solitary Confinement Torture, and I would agree that it is…
BUT… again…. There are a LOT of Americans in American Prisons that are in Solitary Confinement…..
The other stuff, was he was given shoes without laces…
he was given an anti-suicide blanket, that was not warm or comfortable…
they say he was being treated this way to keep him from killing himself….
Are YOU really trying to tell me that they don’t use those Anti-Suicide Blanks in American Prisons???
Or, that American Prisons don’t use Solitary Confinement??
‘
fact is, MUCH of the world thinks that American Prisons in GENERAL are cruel and unusual conditions…
So, That report could have been about any NUMBER of Inmates in the American Prison system….
justagurl – Manning was in the federal system (military) which does things differently then the feds which do things differently then the states, etc. I think there was a collaboration between Mannings’ interrogators and the prison he was in.
@justagurlinseattle ~ excuses excuses excuses
I know how a jail is run, trust me. I worked as a book-in officer and know what goes on at jails and that doesn’t go on at jails.
“It is our Prison system that needs a makeover…. This is NOT Obamas fault……..”
I get it, it’s Bush’s fault.
😀 lol
“They just looking for a scapegoat among the flunkies in the CIA??”
Excellent point. The targets for war crime prosecution ought to be Bush, Chenney, Rumsfeld, Bybee, Yoo, and a other high administration officials who designed, justified and implemented the program.
Without their guidance the lower levels never would have acted, and if they had they would have been reigned in or prosecuted.
Remember there is no statute of limitation for war crimes.
MsJetTexas…
No, I didn’t watch the whole thing, YOU are right…
Fact is, I don’t trust the source… Manning that is…
and here are the details..
and while I find these conditions horrific…
He was not being treated any different that MANY men in Prison …
American Prisons are a human rights disaster…
So, I agree that his treatment is not that great..
BUt.. Neither are many of the men in our Prisons who are also in Solitary confinement…
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and No, these things are NOT the same as what was done to the
terrorists by the CIA…
and this was NOT Government Sanctioned….
This was individuals at the PRISON who decided that he was in danger of harming himself…. and acted rather harshly as a result…
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If Manning had been subjected to the forms of torture listed in that CIA Report…. Those wold most certainly be listed …
as far as I can tell, he was held in Solitary..
this is going on with MANY Criminals as we speak…
again… American Prisons are human rights disasters…
But… he is NOT being treated any different than a lot of other criminals in the USA…….
He was made to strip down to sleep..
This was decided by an Individual, NOT because of a Program that Obama created……
They also SAY that they felt that he was a danger to himself…
So, a lot of the things he was subjected to, were means of “Keeping him safe”
again… American Prisons NOT known for hugging and
COMFORTABLE treatment…. They are know to be some of the worst in the
Western Countries…
But… like I said… He was NOT being treated differently than many other criminals…….
It is our Prison system that needs a makeover….
This is NOT Obamas fault……..
http://www.theguardian.com/world/2012/mar/12/bradley-manning-cruel-inhuman-treatment-un
The UN special rapporteur on torture has formally accused the US government of cruel, inhuman and degrading treatment towards Bradley Manning, the US soldier who was held in solitary confinement for almost a year on suspicion of being the WikiLeaks source.
Juan Mendez has completed a 14-month investigation into the treatment of Manning since the soldier’s arrest at a US military base in May 2010. He concludes that the US military was at least culpable of cruel and inhumane treatment in keeping Manning locked up alone for 23 hours a day over an 11-month period in conditions that he also found might have constituted torture.
@herewegoagain ~ What about the smut in playboy? It compares to National Enquirer and I bet you’ve read that!
Fox News is a network, not a rag mag! DavidM sures knows quality!
Sandi,
You were joking when you questioned why Holder was still AG, right? Because you are aware that the confirmation of the new AG is in the hands of the Senate, right? And lest you get nervous when you learn that Holder is still in office after the first of the year, you do know the Senate is about to go on Christmas break, right?
Such a joker, that Sandi.
DavidM sures knows quality!
Here’s another National Enquirer article that is surely up for a Pulitzer:
http://www.nationalenquirer.com/celebrity/royals-fear-diana-curse-will-doom-kate-baby
They’ve been doing three headed babies and alien abductions for years.
Their huge circulation proves nothing except the stupidity of Americans.
Everyone has known for YEARS who authorized the torture program, but they never prosecuted Bush & his gang then…..so WHY bring it up again now!??
They just looking for a scapegoat among the flunkies in the CIA??
Rachel Maddow, who is usually one of the funnest people on TV, is saying some very serious things about torture tonight. She is interviewing an FBI agent who interrogated one of the architects of 9/11. He explains they were getting real information and that they with other CIA operatives were shocked when the torturers took over.
She earlier reported that when the torturers took over the first thing they did was keep this person in isolation for 47 days without asking a single question. – so much for the need for immediate information to deal with an imminent threat – They then began a program of torture including the techniques discussed in this thread.
The result is that the flow of verified authentic information stopped. The subject stopped cooperating. He stopped talking.
That is one example of the fruits of the torture program. It converted a cooperating informer into a resister who refused further information.
It seems that one of the torture is one of the best techniques we have to give aid and support to our adversaries. It stops the flow of information to us and punishes informers who are betraying their cause.
If terrorist give medals they probably are saving a few for some CIA officers.
@justagurlinseattle > Just a Gurl who loves politics…. and putting RIGHT WING A**HOLES is their place…..and telling Republicans where to stick it.
You said: “What exactly would Obama be Impeached for???” and “Can you please specify???”
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We can start with the 3 U.S. Supreme Court rulings of his un-Constitutional actions which violates the oath he was sworn to uphold. I have more but from what your profile says, I suspect I would be wasting my time.
“Do any of you have PROOF of this?”
“Somebody above then posted a video that was said to have details about how Bradley Manning was being tortured… LOL”
They did the same things to Manning that they to Gitmo detainees. You didn’t watch the whole thing. The slept deprivation, being naked, loud music and yet your reply was “LOL” and you still judge Bush for torture!
LOL!
Justa
It was a general response to people claiming that the US didn’t endorse the principles of non torture when, as a Nation, we have consistently repudiated torture… Until Bush came into office.
Can one of you lawyers please cite the part of law that allows America to NOT prosecute acts of torture when America commits them…
When, in your personal life, you do something and later say –That’s not like me, there were extenuating circumstances.– it is the “That’s not like me” that is wrong. It is like me.
We, the people of the US, do do torture.
On Thu, Dec 11, 2014 at 8:04 PM, JONATHAN TURLEY wrote: > > Max-1 commented: “Can one of you lawyers please cite the part of law > that allows America to NOT prosecute acts of torture when America commits > them…”
Sandi
Our troops may go through SERE to learn how to survive the types of (drum roll please) … TORTURE the enemy might put them through. The SERE training is NOT a class on how to administer types of TORTURE.
Do you not see the difference?