Durham Targeting More Contractors?

Time reports that John Durham has sent out recent subpoenas for grand jury testimony pertaining to torture and war crimes, specifically as it relates to Manadel al-Jamadi, the dead Iraqi depicted in one of the most graphic Abu Ghraib photo.

It has been nearly a decade since an Iraqi prisoner known as “the Iceman” — for the bumbled attempt to cool his body and make him look less dead — perished in CIA custody at Abu Ghraib prison. But now there are rumbles in Washington that other alleged CIA abuses as well as the notorious case could be coming back to haunt the agency. TIME has learned that a prosecutor tasked with probing the CIA — John Durham, a respected Republican-appointed U.S. attorney from Connecticut — recently began calling witnesses before a secret federal grand jury in Alexandria, Va., looking into, among other things, the lurid Nov. 4, 2003, “homicide,” documented by the magazine in 2005.

TIME has obtained a copy of a subpoena signed by Durham that points to his grand jury’s broader mandate, which could involve the charging of additional CIA officers and contract employees in other cases. The subpoena says that “the grand jury is conducting an investigation of possible violations of federal criminal laws involving War Crimes (18 USC/2441), Torture (18 USC 243OA) and related federal offenses.”

As Time points out, the likely target of any inquiry focusing on al-Jamadi’s death would be Mark Swanner, a contract CIA interrogator.

Perhaps most importantly, according to someone familiar with the investigation, Durham and FBI agents have said the probe’s focus involves “a specific civilian person.” Durham didn’t name names, but those close to the case believe that person is Mark Swanner, a non-covert CIA interrogator and polygraph expert who questioned Jamadi immediately before his death.

Don’t get me wrong, I would lose no sleep if someone–Swanner–actually paid a legal price for al-Jamadi’s death. But it does seem remarkable that the only criminal torturers our government can find are either low-level people like Lynndie England or contractors like David Passaro. The apparent immunity of everyone else involved in our torture system sure leads to cynicism, as if the only reason to go after a contractor whose role has been discussed for years was just to show a scalp to the international community.

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bmaz @papicek @emptywheel Schumer has been preparing for this day for looong time. Not just cash he'll dole out in 2016, but that he has in past
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emptywheel RT @almuslimi: #exclusive : Yemeni factions heading to #Morrocco tmrw morning 4 new round of negotiations . Special plane wl take thm frm S…
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emptywheel RT @ReutersLegal: Judge rejects verdict in #kleinerperkins gender discrimination trial, asks jury to resume deliberations. #ellenpao http:/…
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emptywheel "CIA 'recruits' select members of Congress. They get special briefings; they are brought “inside” the circle." http://t.co/YZ1hGw1b6L
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bmaz @Ali_Gharib Because Hillary's server is down?
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emptywheel By comparison, Patty Murray has less than $2M on hand. https://t.co/NJZvGWWCUF Durbin less than $750K. https://t.co/8xoxha1rNa
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emptywheel So Chuck Schumer has $13.4M cash on hand. https://t.co/9WUjCyLymG How much more will he raise/spend for Senate colleagues in 2016?
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emptywheel @charlie_savage One other Q is whether, if 2nd rules on "relevant to" language, it would affect 214 as well? @JameelJaffer @OrinKerr
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emptywheel @nickmanes1 I saw. Now you gotta figure out what other MI brews they're gonna colonize.
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emptywheel @nickmanes1 Grapefruit. It's the New Harbinger of Spring. (Steal that!)
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emptywheel @nickmanes1 Grapefruit fragranced $$ changed hands. It's sunny (and warm, if you're from either CO or MI). Of course they're boozing.
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emptywheel @granick FYI, also related. https://t.co/JBHbcqHjzt Taking Minimization Procedures out of FISC hands. BC FISC is too strict.
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