Rebuking Cheney's Torture Propoganda

Jeremy Scahill rebukes Dick Cheney's torture propaganda in seven points.

First of all, Dick Cheney has all sorts of nerve purporting to speak in defense of the CIA. His administration outed a senior CIA operative, Valerie Plame, in retaliation for her husband, Ambassador Joseph Wilson, exercising his freedom of speech (because he exercised it to criticize the Bush administration’s lie-filled, one-way propaganda train to the Iraq war).

Second, CIA interrogators themselves have said that they believed that Cheney’s torture policy put individual CIA personnel in legal jeopardy.

Third, Dick Cheney showed utter contempt for the CIA when he went not once, not twice, but more than a dozen times to Langley to pressure analysts to fit intelligence to his political agenda. He and his top aide Scooter Libby were “attempting to pressure analysts on the subject of weapons of mass destruction” in Iraq, according to Vincent Cannistraro, a former counterterrorism chief at the CIA. So when Cheney talks about being “offended as hell,” let’s remember how much faith Cheney had in the CIA in the lead up to the Iraq invasion.

Fourth, the tactics Cheney apparently loves were a violation of US law, international law and conventions that the US has ratified—including the Convention Against Torture ratified under the militant leftist regime of Ronald Reagan.

Fifth, there is no evidence—none—to suggest any of this torture produced any actionable intelligence. “I know specifically of reports that I read, that I saw, that lay out what we learned through the interrogation process and what the consequences were for the country,” Cheney told Sean Hannity back in April on Fox News. “I’ve now formally asked the CIA to take steps to declassify those memos so we can lay them out there and the American people have a chance to see what we obtained and what we learned and how good the intelligence was.”

Well, those documents were released last week.

One of the few people that had actually seen the documents to which Cheney was referring before they were released and had the courage to speak up was Wisconsin Senator Russ Feingold. In May, he said: “I am a member of the Intelligence Committee, and I can tell you that nothing I have seen, including the two documents to which [Cheney] has repeatedly referred, indicates that the torture techniques authorized by the last administration were necessary or that they were the best way to get information out of detainees.” Now that the public has had access to these documents, it is clear, as Feingold said months ago, that Cheney was “misleading the American people.”

Sixth, at the end of the day, as Glenn Greenwald has pointed out, the debate about whether torture actually worked is not the central point here:

The debate over whether torture extracted valuable information is, in my view, a total sideshow, both because (a) it inherently begs the question of whether legal interrogation means would have extracted the same information as efficiently if not more so (exactly the same way that claims that warrantless eavesdropping uncovered valuable intelligence begs the question of whether legal eavesdropping would have done so); and (b) torture is a felony and a war crime, and we don’t actually have a country (at least we’re not supposed to) where political leaders are free to commit serious crimes and then claim afterwards that it produced good outcomes.

If we want to be a country that uses torture, then we should repeal our laws which criminalize it, withdraw from treaties which ban it, and announce to the world (not that they don’t already know) that, as a country, we believe torture is justifiable and just. Let’s at least be honest about what we are. Let’s explicitly repudiate Ronald Reagan’s affirmation that ”[n]o exceptional circumstances whatsoever … may be invoked as a justification of torture” and that “[e]ach State Party is required [] to prosecute torturers.”

Seventh, one last point about Dick Cheney and his little toadie Chris Wallace when they talk about how there hasn’t been another attack since 9-11. Remember toadie’s sarcastic words: “I just want to point out to the audience that it is purely coincidental that this country has not been attacked since 9/11.” How about the more than 4,300 US troops that have been killed in Iraq as a result of the Bush-Cheney lie factory? That is more American dead than perished on 9/11. Those young men and women would not have died in Iraq had it not been for the policies of Bush and Cheney.

Bush's Police State

The foundation was laid for a police state....

Seven newly released memos from the Bush Justice Department reveal a concerted strategy to cloak the President with power to override the Constitution. The memos provide "legal" rationales for the President to suspend freedom of speech and press; order warrantless searches and seizures, including wiretaps of U.S. citizens; lock up U.S. citizens indefinitely in the United States without criminal charges; send suspected terrorists to other countries where they will likely be tortured; and unilaterally abrogate treaties. According to the reasoning in the memos, Congress has no role to check and balance the executive. That is the definition of a police state.

Who wrote these memos? All but one were crafted in whole or in part by the infamous John Yoo and Jay Bybee, authors of the so-called "torture memos" that redefined torture much more narrowly than the U.S. definition of torture, and counseled the President how to torture and get away with it. In one memo, Yoo said the Justice Department would not enforce U.S. laws against torture, assault, maiming and stalking, in the detention and interrogation of enemy combatants.

What does the federal maiming statute prohibit? It makes it a crime for someone "with the intent to torture, maim, or disfigure" to "cut, bite, or slit the nose, ear or lip, or cut out or disable the tongue, or put out or destroy an eye, or cut off or disable a limb or any member of another person." It further prohibits individuals from "throwing or pouring upon another person any scalding water, corrosive acid, or caustic substance" with like intent.

The two torture memos were later withdrawn after they became public because their legal reasoning was clearly defective. But they remained in effect long enough to authorize the torture and abuse of many prisoners in U.S. custody.

The seven memos just made public were also eventually disavowed, several years after they were written. Steven Bradbury, the Principal Deputy Assistant Attorney General in Bush's Department of Justice, issued two disclaimer memos -- on October 6, 2008 and January 15, 2009 -- that said the assertions in those seven memos did "not reflect the current views of this Office." Why Bradbury waited until Bush was almost out of office to issue the disclaimers remains a mystery. Some speculate that Bradbury, knowing the new administration would likely release the memos, was trying to cover his backside.

Indeed, Yoo, Bybee and Bradbury are the three former Justice Department lawyers that the Office of Professional Responsibility singled out for criticism in its still unreleased report. The OPR could refer these lawyers for state bar discipline or even recommend criminal charges against them.

In his memos, Yoo justified giving unchecked authority to the President because the United States was in a "state of armed conflict." Yoo wrote, "First Amendment speech and press rights may also be subordinated to the overriding need to wage war successfully." Yoo made the preposterous argument that since deadly force could legitimately be used in self-defense in criminal cases, the President could suspend the Fourth Amendment because privacy rights are less serious than protection from the use of deadly force.

Bybee wrote in one of the memos that nothing can stop the President from sending al Qaeda and Taliban prisoners captured overseas to third countries, as long as he doesn't intend for them to be tortured. But the Convention Against Torture, to which the United States is a party, says that no country can expel, return or extradite a person to another country "where there are substantial grounds for believing that he would be in danger of being subjected to torture." Bybee claimed the Torture Convention didn't apply extraterritorially, a proposition roundly debunked by reputable scholars. The Bush administration reportedly engaged in this practice of extraordinary rendition 100 to 150 times as of March 2005.

The same day that Attorney General Eric Holder released the memos, the government revealed that the CIA had destroyed 92 videotapes of harsh interrogations of Abu Zubaida and Abd al Rahim al Nashiri, both of whom were subjected to waterboarding. The memo that authorized the CIA to waterboard, written the same day as one of Yoo/Bybee's torture memos, has not yet been released.

Bush insisted that Zubaida was a dangerous terrorist, in spite of the contention of one of the FBI's leading al Qaeda experts that Zubaida was schizophrenic, a bit player in the organization. Under torture, Zubaida admitted to everything under the sun -- his information was virtually worthless.

There are more memos yet to be released. They will invariably implicate Bush officials and lawyers in the commission of torture, illegal surveillance, extraordinary rendition, and other violations of the law.

Meanwhile, John Yoo remains on the faculty of Berkeley Law School and Jay Bybee is a federal judge on the Ninth Circuit Court of Appeals. These men, who advised Bush on how to create a police state, should be investigated, prosecuted, and disbarred. Yoo should be fired and Bybee impeached.