For the most part, the bulk of this article pertains to the period after the events of 911 and preceding the Invasion of Iraq. I believe the following actions were a precursor to the Iraq War, and part of a much broader plan to establish major U.S. military presence in the oil-rich Middle-East to which our economy funnels over $700,000,000,000 a year purchasing oil; assets very much endangered by philosophical differences.
In the year 2000, a new Republican administration Lead by newly elected President George W. Bush and Vice-President Dick Cheney, began leading what would come to be a fundamental drift away from the accepted morality of American Democracy, as we have known it, since WWII. As a result of the events on 911, key in the philosophical sell-out of American ideals would be Secretary of Defense, Donald Rumsfeld. A participating group of lawyers that came to be known as the "War Council" would shape a different view of the United States of America, by the rest of the World. David Addington, William Jim Haynes, Tim Flanagan, Alberto Gonzalez, and particularly John Yoo, would craft legal opinions that evolved into Presidential orders that would grant the President, unprecedented powers. Over a period of time, they would literally rewrite the "Rules of War" as the World had seen them, for over 50 years. It is generally accepted that Vice-President, Dick Cheney, spear-headed this push for new Executive Power.
The resulting policy changes would infuriate the rest of the World, and bring shame on the people of our country. Subversion of the U.S. Constitution, challenges to the authority of the U.S. Supreme Court, and corruption of the responsibility of the U.S. Congress, brought about by "fear mongering" would result in denial of the Geneva Conventions, and bring Global respect for the United States to an all time, historical low! Many would suggest that this Administration's policies had perpetrated "war crimes" and abolished the concept of "humane treatment" that the U.S., itself had spear-headed at the Geneva Conventions, following the atrocities of WWII, basing interrogation and detainment techniques on those of the Communist governments of Russia and N. Korea!
Maj. Gen. Thomas Romig (2001-05), a senior advisor from the office of the Judge Advocate General (JAG) found the course that the "War Council" was pursuing, profoundly disturbing, from the very beginning. His opinion would normally be of the highest regard and very desired in such a major policy revision, as "rules of conflict". He was effectively left out of the process. In a significant meeting with senior military lawyers, Cheney and his 5 lawyers would finalize the original opinion, in the form of an official memo, and sign off on it with no JAG presence. Within hours, President Bush would sign it. At the Department of Defense, the resulting policy changes would also be opposed by Richard Shiffrin (1993-2003), Deputy General Counsel on Intelligence as having questionable legal ramifications. Thus, with notable opposition, the Bush Administration began an excursion into the detainment and torture of those that would be termed "enemy combatants" in the U.S. "War on Terror"!
On 911, the political concept of gaining power through terrorism was brought home to the United States of America. In an elaborate plan, a Muslim Extremist organization know as Al Quieda (led by Osama Bin Ladin, and known to few Americans) would be executed that would strike fear into the hearts of the entire country. Death and destruction as we had never experienced on our own territory, left the entire country in a state of shock! It is this unprecedented fear that the Bush Administration would capitalize on to take the United States into territory never before ventured. Amnesty International, the International Red Cross, and the American Civil Liberties Union would condemn their actions in years to come.
...The U.S. Army field manual on interrogation defines torture as, "The infliction of intense pain to the body or mind to extract a confession, or information, or for sadistic pleasure."
The ability to conduct war with little or no rules was now in the hands of the U.S. Government. Over a period of time, legal opinions would be crafted by the War Council and signed off by the President that actually set up detailed permissions regarding detainment and interrogation, attempting to avoid potential legal ramifications. Colonel Steven Kleinman Senior Intelligence Officer for the U.S. Air Force, who had served in both Iraq wars (1985-2008), has stated that, at that time, the CIA had no structured interrogation procedures. But, the U.S. Military SERE program did have a vast array of torture techniques learned from North Korea, used in survival training. These procedures would be fundamental in coming legal opinions written by John Yoo, aimed at expanding the power of the Commander-in-Chief in regard to detainment and interrogation of enemy combatants.
Then Deputy Secretary of State (2001-05), Richard L. Armitage, who was also left out of these processes and states that he would have had no part of them anyway, says that he had found Yoo's legal reasoning seriously flawed. In accordance, the Department of State warned the Administration that violating Section 3 of the Geneva Conventions would raise the risk of future criminal prosecution by other parties of the Geneva Conventions for "war crimes". It further warned that these prosecutions would not exclude President Bush and participating Staff members. In the same time frame, Amnesty International warned the Bush Administration that the use of sensory deprivation violated the same section of the conventions' laws, as they had acquired evidence of the use of hooding, shaving, chaining down and drugging of detainees. Defense Secretary Donald Rumsfeld stated publicly that these interrogation techniques were not a violation of civil and human rights, as the detainees at the Guantanamo detainee camp were the most dangerous, well-trained, vicious killers on the face of the Earth. This was quite alarming to many, as the vast majority of detainees were "suspects" and not determination of guilt had been established. Among those alarmed; along with his Deputy Armitage, was Secretary of State, Colin Powell. A most certainly imperative meeting to discuss Powell's concerns was subverted by Cheney and lawyers Addington and Gonzalez. They approached Bush with the idea that the Geneva Conventions were last century thinking and obsolete in regard to the current world issues and problems facing the United States. They further advised him that opting out of Geneva would go a long way in avoiding potential criminal prosecutions. Bush would follow suit, jettisoning the Geneva Law, declaring that the detainees, not "Prisoners of War", but rather that they were "Illegal Enemy Combatants" who would in any case, be treated humanely. Sadly, this whole mess would make Colin Powell's continued participation in the Bush Administration, a permanent scar on his life-long service to his country.
Col. Larry Wilkerson, Chief of Staff to the Secretary of State (2002-05), also Powell's long time aid and 31 year military Veteran, states that he believed this move was spearheaded by David Addington and was nothing more than an act of convenience. He is quoted as saying, "They had a vision, were ruthless in carrying it out, and executed it very well."
On February 7, 2002, George Bush publicly jettisoned Geneva and U.S. law, and declared the detainees to be Enemy Combatants.
U.S. Torture Statute, 1994: defines "Torture" as "an act committed by a person... Specifically intended to inflict severe physical or mental pain or suffering... Upon another person within his custody or physical control."
America would no longer be constrained by the moral and humane prohibitions of Geneva. Cruelty and injustice had prevailed over principles long accepted ideals, ingrained in the American Philosophy of life, liberty and the pursuit of happiness. "Laws of War" would protect no prisoners in U.S. confinement. Our military began "routine" use of interrogation tactics that evolved in Stalin's Russian prison camps and the POW camps of North Korea. In fact, "water-boarding" specifically, dates back to the "Spanish Inquisition", one of the cruelest periods in the history of mankind. It was also a tool commonly used by the KGB.
The CIA was not so quick to jump on the bandwagon. Some insight into the goings on, has been offered by Martin Lederman, Associate Professor at the Georgetown University, Law Center: The Whitehouse urged the CIA to use interrogation Techniques that appeared to be illegal. Fearing potential intervention by Congress the CIA insisted on a "Golden Shield" of protection from prosecution. On August 1, 2002 the Department of Justice released a memo; another legal opinion originating in the office of John Yoo. It stated that, "Congress can no more interfere with a President's conduct of the interrogation of enemy combatants, than it can dictate strategic or tactical decisions on the battlefield." It further defined that, "Any attempt by Congress to interfere with a Presidential order, even if it crossed the line into torture, would be un-Constitutional, and any interrogation would be legal unless it caused pain equivalent to the pain accompanying serious physical injury, such as organ failure, impairment of bodily functions, or even death." The CIA had the green light to conduct interrogation with few limitations.
Sec/State, Staff Chief, Wilkerson observed: If you can define torture as death or almost death, then you can stand up and say that you don't do torture, and "I think that's what they were doing."
Once the "Golden Shield" had been established, secret Whitehouse meetings chaired by Condoleeza Rice were held. At these a committee of top officials including Cheney, Rumsfeld, and CIA Director George Tennant, reviewed and approved the specifics of over a dozen harsh interrogations, including the "water torture" technique. Following WWII and Vietnam this method of interrogation had been prosecuted by the United States as a "War Crime". Richard Armitage had experienced water-boarding in SEER training and said he found it to be enormously unpleasant and frightening. In an interview this subject came up and he stated, "There is no question in my mind, there's no question in any reasonable human being... there shouldn't be, that this is "Torture". He then appeared somewhat embarrassed as he stated, "I'm ashamed that we're even having this conversation." This is coming from a distinguished public servant who served 3 combat tours in Vietnam.
The "Golden Shield" of August 1, 2002 included yet another attempt at derailing future criminal prosecution of interrogators and their superiors, stating: "For purely mental pain or suffering to amount to torture, it must result in significant psychological harm, of significant duration, lasting for months or even years." After these legal opinions had taken effect and been used for a period of time, on December 2, 2002, Donald Rumsfeld approved another memo, this time signed off by Jim Haines. This one approved 15, interrogation techniques, many of which again defied our military's own definition of cruel and inhumane treatment.
The Uniform Code of Military Justice: Prohibits U.S. Armed Forces from engaging in cruelty, oppression or maltreatment of prisoners, and communicating a threat, to wrongfully injure a detainee. Before his firing, Rumsfeld rescinded some of the techniques among the previous group of 15. Many others, though, have been a routine part of interrogations for years since.
Under years of pressure from the ACLU and many International organizations, the U.S. Supreme Court, in 2006, ruled that the detainees at Guantanamo were entitled to the protections of the Geneva Conventions. By that time many of those prisoners had been detained for over 5 years, without recourse. Following that ruling, only weeks before the 2006 mid-term elections the U.S. Congress came to the Bush Administrations rescue. They passed new law that stripped the courts of the power to hear cases based on Geneva, that also granted retro-active immunity to officials that might have carried our or ordered torture. Thus, in finality, all 3 branches of the U.S. government had effectively failed the cause of "Human Rights" and the American people!
After the passing of more years of confinement for many detainees of the U.S. a Supreme Court ruling stuck! Now many of those prisoners have been detained for over 7 years. On June 12, 2008 the high court ruled that Guantanamo prisoners have the right to challenge their detention. The Whitehouse may very well, now, have to answer for its practices and treatment of detainees, in U.S. Federal Courts. But, don't count on it!
In recent months pressure to close the Guantanamo facility has increased, and also over 500 prisoners have been released (Think they're worried?). But, it is still operating and the War continues... costing taxpayers lives and about $10,000,000,000 a month!
Note this:
As a Veteran I found this whole subject to be quite disturbing, from the beginning. As an American citizen I have and still do feel very shamed by it. I have long been a member of the ACLU, because it became clear to me way back when I was in the Navy, that someone has to watch our Government, besides the government. That, though, is another entire subject that I will never discuss because of the security clearance I worked under in the military, and my loyalty to oaths I took. At any rate, over the years I have tried my best to stay informed of what is going on with my Country. The article has very little opinion in it, though there is some. For the most part, though, the facts were gathered from the American Civil Liberties Union, the Associated Press, Reuters news agency, the New York Times, the Washington Post, the Public Broadcasting System, National Public Radio, Meet the Press, Whitehouse Press conferences, many other newspapers and books, and Internet encyclopedias.
After PBS aired "Bush's War" nationally, the Bush Administration threatened to literally abolish government funding for public television and radio. As a result they are reticent about the airing of such endeavors. On the subject discussed in this article, a few independent public television stations recently aired "Torturing Democracy", produced by Sherry Jones and co-produced by Carey Murphy. PBS will broadcast it nationwide on January 21, 2009, after the Presidential Administration is formally changed. Smart, I think!
Americans, who've been waiting for someone to graphically connect the dots between the legal memos justifying torture, abuse of prisoners of Guantanamo and beyond, and the consequences for the moral standing of this nation, need look no further. It's all here. "Torturing Democracy" should engender the same mass outrage as the 2004 photos from Abu Ghraib. - Dahlia Lithwick, Slate.com
"This will go into the record books for historians and teachers and others who look back to ask, 'What did we do?'" - Bill Moyers
If you care at all about this country's place in the International Community, which includes our place in the Global Economy or have an opinion about what you would like Your Country to stand for... Don't miss this program!!!
David R Carroll, CADC is a certified substance abuse counselor, in California. He has served as a treatment program Director (started a new program). He developed the curriculum for that program that required approval from the California Department of Corrections Substance Abuse Services Coordinating Agency, and the California Department of Drug and Alcohol Programs. He has also worked going into California prisons recruiting inmates for Aftercare threatment for addiction and alcoholism. Counselor Carroll is also WebMaster of the site, Addiction: Why Me?
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