Legalities
Life, Politics and the Law From ABC News Correspondent Jan Crawford Greenburg
Jan Crawford Greenburg is a correspondent for ABC News' bureau in Washington DC. She covers politics, the Supreme Court and provides legal analysis for ABC News. She is a graduate of the University of Chicago's law school and is a member of the New York bar.
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Unanswered Questions
May 20, 2008 1:28 PM
The Justice Department has released the results of a three-year investigation into the FBI’s role in interrogating terror suspects overseas, and it raises nearly as many of the key questions as it answers.
The report is more than 400 pages long, and it details the FBI’s clash with the CIA and Defense Department on how harshly to interrogate suspected terrorists. The FBI, as has long been known, opposed the use of aggressive techniques by the CIA and DOD, preferring a more conventional approach traditionally used in law enforcement. You can read the report here.
Already, several things jump out, notably the report’s discussion of how FBI officials took their concerns about the interrogations to the highest levels of the Bush Administration, including members of the National Security Council.
This is significant, because it gets to the major unanswered question about what high-ranking officials in the administration—up to and including the President himself--approved harsh interrogations. ABC News reported last month that the NSC’s Principals Committee, a group that includes the highest-ranking administration officials, repeatedly discussed and signed off on specific harsh interrogations by the CIA against high-value al-Qaeda suspects.
In dozens of top-secret meetings, sources told ABC News, the CIA frequently presented specific plans for harshly interrogating high-value detainees. Around the table in the Situation Room, sources said, the Principals signed off on those plans, which were so detailed they included the number of times a harsh technique would be used. Bush knew about these meetings and told ABC he "approved."
Sources told ABC News they could not recall any member of the Principals Committee objecting to any of the CIA’s proposed interrogations. The Committee, chaired by then-National Security Adviser Condoleezza Rice, included former Defense Secretary Donald Rumsfeld, Secretary of State Colin Powell, Vice President Cheney, as well as CIA Director George Tenet and Attorney General John Ashcroft.
Once the CIA got legal approval to use the harsh techniques, including waterboarding, sources told ABC News top officials failed to ask the next question: Whether, even if arguably legal, the harsh interrogations were inappropriate or undesirable as a mater of policy. Those policy concerns, sources said, were not forcefully voiced for nearly two years—until photographs leaked of prisoner abuse at Abu Ghraib prison in Iraq.
Here’s what’s unclear: Whether any of these high-ranking officials objected privately or at a specific policy meeting. Those are questions that will be asked---though perhaps still not answered---as Congress sorts through exactly how the United States came to employ harsh techniques that many consider torture.
Today’s report doesn’t provide any answers. But it indicates, signifcantly, that officials at the highest levels of the administration did not swiftly scale back tough interrogations by the military at GTMO---even when the FBI raised its own objections, specifically to the interrogation of Mohammed al-Qahtani, the so-called “20th hijacker.”
The report details how FBI agents voiced concerns about the military’s treatment of al-Qahtani, which included “numerous aggressive techniques…including attaching a leash to him and making him perform dog tricks, placing him in stress positions, forcing him to be nude in front of a female, accusing him of homosexuality, placing women's underwear on his head and over his clothing, and instructing him to pray to an idol shrine.”
The government announced last week it was dropping charges for now against al-Qahtani. Defense lawyers had argued his harsh treatment irrevocably tainted his prosecution. Al-Qahtani tried to commit suicide last month after being told he faced a possible death sentence, his lawyer said.
“Several senior DOJ Criminal Division officials told us that they raised concerns about particular DOD detainee practices in 2003 with the National Security Council, but they did not recall that any changes were made at GTMO as a result,” the report states. “Several witnesses told us that they believed that Attorney General Ashcroft spoke with the NSC or the DOD about these concerns, but former Attorney General Ashcroft declined our request for an interview in connection with this report.”
As a result, after three years of investigation, the report states: “We were unable to determine definitively whether the concerns of the FBI and DOJ about DOD interrogation techniques were ever addressed by any of the federal government's inter-agency structures created for resolving disputes about anti-terrorism issues. These structures included the Policy Coordinating Committee, the ‘Principals’ Committee, and the ‘Deputies’ Committee, all chaired by the National Security Council (NSC).”
Another immediate and important nugget in the IG report. Recall that some officials were so concerned about the harsh interrogations of some detainees---and fearful they could never use any of the information later to prosecute them---that FBI agents were called in to reinterview some of the detainees. These agents were so-called "clean teams."
Those teams used traditional law-enforcement techniques, in hopes of getting "untainted" information to use as evidence in their trials.
Today's report reveals that Michael Chertoff--then head of the criminal division--thought that approach was dubious. He told the IG he did not think it would successfully prevent the statements from being "tainted" by the prior harsh interrogations.
This is certain to be an issue in these trials when prosecutors try to introduce evidence from any the interviews of detainees. Military defense lawyers have told us they will aggressively objuect to the use of clean team evidence
More to come as we read through the report.
May 20, 2008 | Permalink | User Comments (27)
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There can be no question that President Bush knew and approved of torture. Whether he initially gave the specific order or not is irrelevant, he knew and he allowed it to happen. There is not any experienced intelligence operative that would say that you can get reliable information from a person that has been tortured. IT. DOESN'T. WORK. Yet we have and continue to put it in practice. There has been no, NO relevant intellegence gathered in this manner. No supported evidence. No verifiable information. We, as a nation, have murdered the innocent in the name of freedom and those in power have patted themselves on the back for it.
Posted by: Louis | May 20, 2008 2:34:01 PM
How is this not bigger news???? How can we be bothered with trivalities like flag pins and gas tax when this has occurred? How stupid are we as americans that we care more about who wins American Idol opposed to the torture that our government sanctions. Truly a sad day.
Posted by: what? | May 20, 2008 2:37:29 PM
"Harsh interrogation?" Why is everyone so afraid to call it what it is - torture! We are now a nation that tortures and no longer have the moral high road when dealing with the barbaric practices of so many countries. This administration has lowered us to the level of our enemies. If torture is so effective, why haven't they touted all of the excellent information they have received? Probably because a tortured man will tell you ANYTHING he thinks you want to hear whether it is true or false, just to stop the pain.
Posted by: DaveM | May 20, 2008 3:00:25 PM
*** **** this Administration. They have taken our nation down to the level of the very terrorists we are supposed to be ridding the world of. I WANT IMPEACHMENT NOW!
Posted by: RW | May 20, 2008 3:11:40 PM
So what? Skin them if it gets the answers...
Posted by: Jim | May 20, 2008 3:39:40 PM
Apparently the FBI had some Democratic Liberal Lawyers working on this report. Most of the bloggers want to give these criminals color TV and 24 hour cable with Starbucks coffee every morning. Duh, these are not jaywalkers crossing the street. They were caught with compromising evidence on their person. They don't belong to any identifiable government and their sole purpose in life is to kill Westerners or non-believers. Reading the comments many seem to think the US Consitution extends around the world. These people are the trash their own society discarded, there is nothing in their lives besides HATE. So why don't many of you take one into your house for a little rehabilitation for a couple of years, its beats spending taxpayers money housing them. When your neighbors don't hear from you in a couple of weeks they will know why. Call it what you want, torture, punishment, interrorgation methods, these criminals deserve the worst we can throw at them, plus more.
Posted by: Superman | May 20, 2008 4:46:27 PM
Boo hoo, and it's a hate crime not to give them a gold plated koran too.
Posted by: barf simpson | May 20, 2008 4:48:37 PM
Boo-freakin-hoo. We are too tough on people who want to kill us? Any wonder why we are still in Iraq? Because the PC police and liberals want to play nice. Thank God we didn't play nice with Fascist Japan and Germany. Good Lord we wouold be speaking Germanese right now. You cannot fight a war with one hand tied behind your back and expect to win. No way, no how.
Posted by: stop2think | May 20, 2008 4:56:48 PM
The ignorant stumps who think these detainees are actually criminals must not be reading the news for the last few years, including this report. If you read the article you would realize most of these detainees have NO evidence against them, thus NO charges against them. Mohammed al-Qahtani, the so-called "20th hijacker", believed to be one of the terrorists behind 9/11 by the CIA, was tortured for years by the CIA, and now charges are being dropped against him! Its no wonder the world hates the US right now. We deserve it.
Posted by: mike | May 20, 2008 5:05:10 PM
Jim,
Most people don't argue that MOST of these people probably deserve it. The problem is how many were just in the wrong place at the wrong time? Without any rules and oversight, they could torture you or one of your family members tomorrow and who would stop them? A very slippery slope.
Posted by: Tom | May 20, 2008 5:05:35 PM
To RW who says "skin them if it gets answers" you're not getting the point. If we torture, then if WE are captured we can't complain when WE'RE tortured. Be careful what you say is okay in this world, because it may come to the point where torture is common place even to U.S. citizens that are innocent!
Posted by: Dan | May 20, 2008 5:24:29 PM
Not reading the news, eh. How many of the released detainees have went back to Al Queda? One, two, three, nope it has been over half. Another propaganda statement by some ideological liberal that would hand over everyones paycheck (except his) to anyone "he" believed was worthy of it. Someone has to pay for this, ask the reletives of the 2800 people that were murdered in NY the Twin Towers went down. These criminals are just looking for an opening to do it all over again, put your guard down, they are watching - and reading the news too.
Posted by: Superman | May 20, 2008 5:26:00 PM
"Most of the bloggers want to give these criminals color TV and 24 hour cable with Starbucks coffee every morning." Wrong. "They were caught with compromising evidence on their person. They don't belong to any identifiable government and their sole purpose in life is to kill Westerners or non-believers." If this is true, charge them with a crime, prove that they did it, and then sentence them appropriately. Don't brutalize them and yourself, trump up some preposterous charges, try them, and then humiliate yourself and your countrymen by losing your case.
Posted by: Michael E. Maus | May 20, 2008 5:35:49 PM
Who care's about these animals?! The Americans are taking over the world so let's torture them with "agressive" means. They do it to us and so we must do it to them. You never know what secrets they may hold and this by God is the only way to get it out of them. Burn, hang, hit, gag, scar, whip, beat, gas, drug, water, cold, loud constant noise, brainwash, - why stop there! They WILL tell you something! If it's good for America it's good for the rest of the world! We only want to bring peace, security and democracy to them and we'll bomb them until they like it!
Posted by: JOHNBCOPELAND | May 20, 2008 6:00:57 PM
When the Bush Administration goes out of office on 20 January 2009 at exactly 12:00 noon. 243 Days/5832 HOURS from now. BUSH, CHENEY, RICE, GATES and RUMSFELD, should all be immediately arrested for war crimes. Hand cuffed and led away to stand trial first in the Unites States and then before the World Court in the Hague for war crimes. They are all part of a criminal terrorists organization namely the "BUSH ADMINISTRATION". I have heard that Rumsfeld, already has an arrest warrant issued for him in Europe. They all need to be arrested, tried, convicted and put in federal prisons. BUSH and CHENEY are two of the worlds biggest TERRORISTS.
Posted by: Pat | May 20, 2008 9:16:29 PM
It is more dangerous that even a guilty person should be punished without the forms of law than that he should escape.
- Thomas Jefferson
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
- 8h Amendment to the US Constitution
"I do solemnly swear (or affirm) that I will faithfully execute the office of President of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States."
- Presidential Oath of Office
To those in the FBI who had the courage to stand for the principles that have made this country great: I congratulate you.
To all who ignored the FBI's advice: you are cowards, willing to undermine our system of government out of either fear of a bunch of two-bit criminals you call terrorists, or out of greed for political power. You may call it "protecting America;" I call it "treason."
Posted by: Scott in NC | May 20, 2008 10:32:22 PM
Who would Jesus torture? Good Christians never torture,as well as all Americans who observe the Geneva Convention and the Constitution. Traitors to the true American way do torture.See Bush,Cheney,Rumsfeld,Rice etc.
Posted by: AJ | May 21, 2008 12:57:10 AM
Watch the conversation change when the Democrats are in power and continue the practices all ready in place. Suddenly it won't be "torture" anymore. Suddenly it will all be accectable and necessary.
Posted by: kneedermyer | May 21, 2008 1:24:09 AM
Sources told ABC News they could not recall any member of the Principals Committee objecting to any of the CIA’s proposed interrogations. The Committee, chaired by then-National Security Adviser Condoleezza Rice, included former Defense Secretary Donald Rumsfeld, Secretary of State Colin Powell, Vice President Cheney, as well as CIA Director George Tenet and Attorney General John Ashcroft.
- A little-known $385 million contract for Halliburton subsidiary KBR to build detention facilities for "an emergency influx of immigrants" is another step down the Bush administration's road toward martial law, the writer says.
Bush civil rights commissioner warns of detention camps
This is the government we have allowed to rape this country - to inflict unimaginable damage to Americans under the guise of "serving America" - he is pursuing a war in lieu of using that money to invest in changes that would severely reduce our oil consumption and relieve our economy of the crash that is coming - and coming quick - but instead he chose profits over lives - those of our troops and of us citizens. Bush is a monster and while he will be living in his self-sufficient "dream green house" - the rest of us will be dealing with the biggest challenges of this generation and those to come as most of us will end up in poverty with nothing but a memory of what once was a great nation - and he will be sitting on his millions without a thought of anyone or anything but himself.
You've GOT to be kidding - Ashcroft object to torture???? HE IS THE PERSON WHO HAS PLANS IN PLACE FOR CONCENTRATION CAMP CONFINEMENT OF AMERICANS if and/or when the ecomony collapses and they initiate the military rule that Bush so conveniently gave his over a few years ago - between the atrocities spouted in the name of this country by these men in the pursuit of their own personal self-interests and self wealth - a little thing like torture isn't going to faze them.....please - wish someone would
Posted by: truth | May 21, 2008 4:00:27 AM
sorry - it cut me off and i didn't notice -
IMPEACH HIM AND THROW THE REST OF HIS FELLOW CONSPIRATORS/PIRATES/TORTURERS AND TRAITORS OUT OF THE GOVERNMENT FOREVER - put them in Guantanamo Bay and let the people they've held in their for decades play with them for a while......JUSTICE
Posted by: truth | May 21, 2008 4:06:20 AM
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