Brett Kavanaugh Called John Yoo His “Magic Bullet”

And Bill Burck thinks American citizens should not know that fact before Kavanaugh gets a lifetime appointment.

Gina Haspel Destroyed the Tapes in 2005 to Hide What She Destroyed in 2002

When Gina Haspel was testifying on Wednesday, she confused those of us who know the history of the torture tapes well. She made two claims that didn’t accord with the public record of the tapes that were destroyed. First, she said that only one detainee was depicted on the 92 tapes that got destroyed. Additionally, she said she, “didn’t appear on the tapes, as has been mischaracterized in the press.”

Yet as an inventory of the tapes shows, two of the tapes depicted Abd al Rahim al-Nashiri, though those tapes were taped over every day.

So there should have been two tapes depicting Nashiri’s torture, and given that she oversaw his torture, there’s a good chance she’d appear on them.

When Charlie Savage asked CIA about the discrepancy, they pointed to a CIA IG review done of the tapes that showed a number of the tapes had been altered before the review.

“Gina Haspel supervised the torture of al-Nashiri, which raises the stakes on the question of whether there were or were not remaining tapes of his torture,” said Hina Shamsi, the director of the A.C.L.U.’s national security project.

Asked about the apparent discrepancy, the C.I.A. pointed without comment to several pages of another document previously released under the Freedom of Information Act that discussed how the agency logged the contents of the 92 tapes before destroying them. It said 11 were blank, two were blank “except for one or two minutes of recording,” and “two were broken and could not be reviewed.”

In 2010, I noted that John Durham was clearly investigating two rounds of torture tape destruction: the second round, in 2005, when Gina Haspel helped her boss Jose Rodriguez destroy all the undamaged tapes. And the first round, in 2002 or 2003, when someone destroyed the evidence on what must be the most damning tapes.

As you recall, when the CIA IG reviewed the torture tapes in May 2003 (that is, five months after McPherson’s review), there were 15 tapes in some state of damage or erasure.

OIG found 11 interrogation tapes to be blank. Two others were blank except for one or two minutes of recording. Two others were broken and could not be reviewed. OIG compared the videotapes to logs and cables and identified a 21-hour period of time” which included two waterboard sessions” that was not captured on the videotapes.

You see, John Durham is investigating two incidents of torture tape destruction: the first, when in 2002 or 2003 someone removed evidence of two sessions of waterboarding (and potentially, the use of mock burial that would be declared torture by John Yoo) from the videotapes. And the second one, on November 8, 2005, when someone destroyed all the tapes, which not only destroyed evidence of waterboarding that violated the terms of the Bybee Two memo, but also destroyed evidence of the first round of destruction.

And John McPherson is likely the only person who can pinpoint when the first round of destruction occurred, before or after November-December 2002.

Now, all that doesn’t tell us precisely what Durham is after or whom, though I’d suggest he’s at least as interested in the people in the loop of the first round of destruction as the second.

As I said, it was not clear who he was after, the names of the people who had destroyed the tapes in the second round or in the first round.

But it appears CIA has now confirmed that: Gina Haspel. The CIA appears to be saying that Gina Haspel was the culprit both of those times.

And when she testified under oath on Wednesday that she supported destroying the tapes because the faces off officers appeared on the tapes, she was only partly telling the truth. It appears virtually certain (particularly given the focus on declassifying the Durham report so people can read his conclusions), she also supported destroying the tapes to hide the first round of destruction she had carried out. If so, she may have done so to hide the fact that her own face didn’t appear on the tapes, if it once had.

One more point: This makes Haspel’s enthusiasm for keeping torture in 2005-2007 all the more damning. Over two years earlier, Haspel appears to have destroyed evidence of how bad torture was. But she was still pushing to keep it even after hiding what she had done.

Gina Haspel Seems to Admit Knowing Jane Harman Opposed Torture Tape Destruction — Just Not Caring

Gina Haspel provided two significantly different responses in questions for the record about her knowledge of Jane Harman’s opposition to torture tape destruction and Carl Levin’s proposal to launch a commission to investigate torture.

Here’s how she answered a Dianne Feinstein question about Harman, who first said CIA shouldn’t destroy the tape in 2003 while serving as Ranking Member.

Question: (U) At the time of the tapes’ destruction, were you aware of the request from Representative Jane Harman that the videos be preserved? Were you aware of CIA attorneys’ concerns that congressional investigators or a congressionally authorized commission might seek access to them? Were you aware of the White House Counsel’s and Director of National Intelligence’s instructions that they not be destroyed?

Response: (U) To the best of my recollection, at the time of the destruction of the videotapes, I was aware of concerns raised in several quarters about destroying the tapes, but I was told that there were no legal prohibitions to destroying the tapes. Ultimately, the decision to destroy the tapes was made by the former Deputy Director for Operations.

In response to a question about Harman, Haspel admits that she was aware of opposition to destroying the tapes (Harman’s opposition showed up in a number of internal reviews, so there was would have been a paper trail documenting her knowledge). Her response suggests Congressional opposition to destroying the tapes did not affect the legal question.

Compare that to her answer about Carl Levin’s initial efforts to conduct an inquiry into torture just days before the tapes were destroyed.

Question: (U) Were you aware that legislation had been introduced in the U.S. Congress to review detainee issues when you drafted the cable authorizing the destruction of detainee interrogation videotapes on November 8, 2005? Please describe all conversations you had regarding congressional oversight of this matter prior to the destruction of the videotapes.

Response: (U) To the best of my recollection, I was not aware of this proposed legislation and I do not recall any discussions pertaining to congressional oversight of detainee videotapes prior to the destruction in November 2005.

Here, she offers a “do not recall” answer, probably because she and Jose Rodriguez did not memorialize any discussions of the possibility that Congress might shortly demand that CIA retain the tapes, if they had any discussions, so there was no proof she knew of it. She’s also discounting Harman’s objection as something other than “congressional oversight of detainee videotapes.”

Ultimately, it all comes down to not giving a shit what Congress thinks, though, while carefully protecting herself against claims that they destroyed the tapes in response to Levin’s actions, as opposed to the public reporting on the torture program that also immediately preceded the tape destruction.

Ron Wyden Makes It Clear Gina Haspel Pushed for Torture to Continue in 2005

Among the many, many damning details of Gina Haspel’s confirmation hearing, one sticks out. Ron Wyden asked her whether, during the 2005 to 2007 period, whether she ever asked for the torture program to be continued or expanded. She didn’t answer. Instead, she dodged:

Haspel: Like all of us who were in the counterterrorism center and working at CIA in those years after 9/11, we all believed in our work, we were committed, we had been charged with making sure the country wasn’t attacked again. And we had been informed that the techniques in CIA’s program were legal and authorized by the highest legal authority in our country and also the President. So I believe, I and my colleagues in the counterterrorism center were working as hard as we could with the tools that we were given to make sure that we were successful in our mission.

Wyden: My time is short and that, respectfully, is not responsive to the question. That was a period where the agency was capturing fewer detainees, waterboarding was no longer approved, and especially in light of that Washington Post story, I would really like to have on the record whether you ever called for the program to be continued, which it sure sounds to me like your answer suggested. You said, well we were doing our job it ought to be continued.

This makes it clear that Haspel was involved in reauthorizing torture in 2005, in a process that was as rife with lies to DOJ as the original authorization process had been.

It also makes Haspel directly responsible for the torture of people like Abu Farj al-Lbi, which the torture report describes this way.

On May 2005, one day after al-Libi’s arrival at DETENTION SITE BLACK, CIA interrogators received CIA Headquarters approval for the use of the CIA’s enhanced interrogation techniques on Abu Faraj al-Libi. CIA interrogators began using the CIA’s enhanced interrogation techniques on Abu Faraj al-Libi on May 28, 2005, two days before the OLC issued its memorandum analyzing whether the techniques violated U.S. obligations under the Convention Against Torture.891

The CIA interrogated Abu Faraj al-Libi for more than a month using tlie CIA’s enhanced interrogation techniques. On a number of occasions, CIA interrogators applied the CIA’s enhanced interrogation techniques to Abu Faraj al-Libi when he complained of a loss of hearing,repeatedly telling him to stop pretending he could not hear well.892 Although the interrogators indicated that they believed al-Libi’s complaint was an interrogation resistance technique, Abu Faraj al-Libi was fitted for a hearing aid after his transfer to U.S. military custody at Guantanamo Bay in 2006.893 Despite the repeated and extensive use of the CIA’s enhanced interrogation techniques on AbuFaraj al-Libi, CIA Headquarters continued to insist throughout the summer and fall of 2005 that Abu Faraj al-Libi was withholding information and pressed for the renewed use of the techniques. The use of the CIA’s enhanced interrogation techniques against Abu Faraj al-Libi was eventually discontinued because CIA officers stated that they had no intelligence to demonstrate that Abu Faraj al-Libi continued to withhold information, and because CIA medical officers expressed concern that additional use of the CIA’s enhanced interrogation techniques “may come with unacceptable medical or psychological risks.894 After the discontinuation of the CIA’s enhanced interrogation techniques, the CIA asked Abu Faraj al-Libi about UBL facilitator Abu Ahmad al-Kuwaiti for the first time.895 Abu Faraj al-Libi denied knowledge of al-Kuwaiti.896

That Haspel appears to have pushed to use torture with al-Libi is significant for multiple reasons. First, as noted, the CIA tortured al-Libi immediately after taking him into custody. There was no show of seeing whether he would cooperate. The CIA used his claim of hearing problems — a claim that turned out to be true — as an excuse to do more torture. CIA apparently kept asking to resume torture with him, even though it didn’t work.

Really importantly for the legacy of the torture program, al-Libi not only didn’t reveal the identity of Abu Ahmad al-Kuwaiti while he was being tortured, he continued to lie about it after he was tortured.

But Haspel’s involvement in this might be most problematic given the timing of it. As noted, the CIA asked for custody of al-Libi while they were still getting torture reauthorized; the first two Bradbury memos, authorizing torture and then their use of them in combination, were approved on May 10. As further noted, however, CIA started torturing al-Libi before the last Bradbury memo was signed on May 30. We know from Jim Comey’s memos about that process that DOJ was pushed very hard to approve them. Critically important, however, is that Alberto Gonzales made a case against reapproving torture at the May 31 principals meeting. In spite of DOJ concerns, the principals committee reapproved all the techniques.

That’s because CIA had already started torturing al-Libi. Effectively, CIA (so, presumably, Haspel, among others), rushed to torture al-Libi so that the government would have no choice but to reauthorize it.

Gina Haspel’s Fluid Moral Compass

I expected to dislike Gina Haspel, but be impressed with her competence (the same view I always had about John Brennan). But she did not come off as competent in her confirmation hearing, in large part because the lies surrounding her career cannot be sustained.

Let’s start with the questions she didn’t answer (usually offering a non-responsive rehearsed answer instead). She refused to say:

  • Whether she believes, with the benefit of hindsight, torture was immoral.
  • If a terrorist tortured a CIA officer, whether that would be immoral.
  • Whether the torture program was consistent with American values.
  • Whether she oversaw the torture of Abd al Rahim al-Nashiri.
  • Whether she was in a role supervising torture before she became Jose Rodriguez’ Chief of Staff.
  • Whether she pushed to keep the torture program between 2005 and 2007 (see that question here).
  • Whether she would recuse from declassification decisions relating to her nomination.
  • Whether Dan Coats should oversee declassification decisions regarding her nomination.
  • Whether she has been alone with President Trump.
  • Whether she would tell Congress if he asked her for a loyalty oath.

She also answered that she didn’t think torture worked, but then hedged and said she couldn’t say that because we got evidence from it.

She did answer one question that went to the core of her abuse when she participated in the destruction of the torture tapes. She said she would consider it insubordination today if an officer bypassed her for something as substantive as destroying the tapes, as Jose Rodriguez did. But she as much as said she would have destroyed the tape much earlier, because of the security risk they posed to the officers who appeared in the videos.

Then there was the logical inconsistency of her presentation. Several Senators, including Mark Warner, Dianne Feinstein, Ron Wyden, and Kamala Harris, complained about the selective declassification of information surrounding her confirmation. Haspel explained that she had to abide by the rules of classification just like everyone else. Not only was that transparent bullshit on its face (as Harris noted, the CIA released a great deal of information that revealed details of her operations), during the course of the hearing she provided details about her first meeting with an asset, Jennifer Matthews’ life and assignments, and a counter-drug program that also must be classified, and yet she was willing to simply blurt them out.

Perhaps most remarkable, though, is a key claim she made to excuse the destruction of the torture tape.

She claimed she did not recall which of the long list of entities that opposed the destruction of the torture tape she knew about at the time. That includes a move by Carl Levin to form a congressional commission to investigate torture. But on several occasions, she said that because the torture was covered in cable traffic, no other evidence needed to be kept.

That assumes, of course, that both the specific CIA cable and CIA cables generally are a fair rendition of any event CIA does (it’s not; in this case, and some videos were destroyed before the reviews finding them to match).

But when the Senate Intelligence Committee did a 6.700 page report based on the cables CIA used to describe their own torture, CIA wailed because SSCI didn’t interview the individual officers. Haspel effectively suggested that cables, in the absence of the torture tapes, would be sufficient for a congressional commission. Yet when Congress used cables to do an investigation of torture, CIA then claimed that was invalid.

When asked whether torture was moral, Haspel instead repeatedly insisted she has a sound moral compass. Except what her testimony made clear is that her idea of moral compass has everything to do with what is good for the CIA and its officers. It has absolutely nothing to do with traditional moral values. That’s not actually surprising. That’s what we ask of clandestine CIA officers: to break the rules normal people adhere to, in the name of serving our country, and to remain absolutely loyal to those whose lives are exposed in doing so.

Except today, Haspel proved unable to move beyond the fluid moral compass of a CIA officer to adopt a more stringent moral code of an official serving a democracy.

The Distinction between Torturing Abu Zubaydah and al-Nashiri and Just al-Nashiri

When Gina Haspel got nominated-by-tweet to be CIA Director, a lot of people pointed to a ProPublica story from last year reporting that Haspel was in charge of the CIA’s black site in Thailand from the start of the torture, and that she had taken glee out of Abu Zubaydah’s treatment. ProPublica has since retracted that story, based on public clarifications from people like James Mitchell.

The nomination of Haspel this week to head the CIA stirred new controversy about her role in the detention and interrogation of terror suspects, as well as the destruction of videotapes of the interrogation of Zubaydah and another suspect. Some critics cited the 2017 ProPublica story as evidence that she was not fit to run the agency.

Those statements prompted former colleagues of Haspel to defend her publicly. At least two said that while she did serve as chief of base in Thailand, she did not arrive until later in 2002, after the waterboarding of Zubaydah had ended.

The New York Times, which also reported last year that Haspel oversaw the interrogation of Abu Zubaydah and another detainee, Abd al-Rahim al-Nashiri, published a second story this week making the same point. It quoted an unnamed former senior CIA official who said Haspel did not become base chief until late October of 2002. According to the Times, she was in charge when al-Nashiri was waterboarded three times.

As they note, the story did correctly describe Haspel overseeing the coverup of the tapes.

In response, a lot of human rights activists have argued that it’s all the same: torturing one person is still torture, and the corrected story still puts Haspel in charge when Abd al Rahim al-Nashiri was waterboarded.

But that’s not correct in one important way.

The treatment of Abu Zubaydah clearly exceeded the techniques as laid out in the Bybee Memo, both in severity and repetition. We know far less about the specific details of Nashiri’s torture while he was still in Thailand. We know he was waterboarded three times. And we know that not even Liz BabyDick Cheney (who was torture-splaining John McCain yesterday for his concerns about Haspel) claims that waterboarding elicited useful information from Nashiri.

Nashiri would be treated using techniques, including threats from a drill, not authorized by the Bybee Memo, but that happened after he got shipped out to the next black site. There’s no currently public reason to believe Haspel was involved in that treatment.

So, while we can say with certainty that whoever tortured Zubaydah at the Thai black site and whoever oversaw it cannot claim to be relying on the OLC authorization to torture — because his treatment exceeded what got approved, we can make no such assertion with regards to Nashiri. That’s critically important for Haspel’s claim that she was just doing what DOJ authorized.

She still did oversee torture. She did oversee the destruction of the torture tapes (with legal sanction from the counterterrorism center’s own lawyers). But we don’t have evidence she oversaw torture that violated even the expansive guidelines approved by Jay Bybee.

Some Cover-Ups Are More Equal Than Other Cover-Ups

Over at TNR, I’ve got a piece that mocks how former top spooks and officials pretend the partisanship of HPSCI is anything new.

On Monday, Republicans on the House Intelligence Committee released what it claimed to be a summary of its investigation into Russia’s role in the election. Among its conclusions, it disagreed with the intelligence community’s 2017 assessment that Vladimir Putin and the Russian government “developed a clear preference” for candidate Trump.

The summary, presumably drafted by aides of Trump transition official and committee Chairman Devin Nunes, disputed that assessment even in the face of the recent indictment of Russian internet trolls, which laid out how they set up anti-Hillary and pro-Trump campaign rallies. The indictment also showed how their social media activity pursued the same anti-Hillary, pro-Trump line, launching hashtags like #TrumpTrain and #Hillary4Prison, the Twitter account March for Trump, and the Facebook accounts Clinton FRAUDation and Trumpsters United.

Even some Republicans on the committee have delicately distanced themselves from the report. Trey Gowdy of South Carolina affirmed that Russia was “motivated in whole or in part by a desire to harm [Hillary Clinton’s] candidacy or undermine her Presidency had she prevailed.” Florida’s Tom Rooney, like Gowdy retiring after this term, said, “I absolutely think there was evidence they were trying to help Trump at some points.”

The report also garnered criticism from former spooks and top officials. John McLaughlin, CIA’s deputy director during the first years of the George W. Bush administration, complained on Twitter about the partisan nature of the stunt.

As a subject or observer of Cong oversight of intell for 40 years, I’ve never seen a party drive a stake thru the process as House Reps just did. It depends on a bi-partisan approach that at least gives the minority a voice. Take that away and the thing dies. It just did.

So did Obama-era Attorney General Eric Holder:

Republican House Intell Comm shut down Russia probe before doing a complete job This is a coverup and a lasting stain on the reputation of what used to be a bipartisan Committee when it was run by Republican Rogers and Democrat Ruppersberger. Politics beat a desire for the truth

Only, McLaughlin has seen such partisanship in congressional oversight before—when he benefited from it. In 2003, after Republicans regained the majority in the Senate, Senate Intelligence Committee Chair Pat Roberts agreed with the CIA to shut down initial efforts by his Democratic predecessor, Bob Graham, to oversee Bush’s torture program. The CIA memorandum of his briefing recorded, “[T]he Senator interjected that he saw no reason for the Committee to pursue such a request and could think of ‘ten reasons right off why it is a terrible idea’ for the Committee to do any such thing,” like observing interrogation as practiced in person. In the same period, Jane Harmon, then the ranking member of House Intelligence Committee, asked the CIA general counsel, “Have enhanced techniques been authorized and approved by the president?” In response, he gave her an evasive answer.

If partisanship drives a stake through effective oversight of the intelligence community, then the efforts to bypass Democratic concerns about torture killed that vampire long ago.

Furthermore, for much of the period that Holder is describing, between 2011 and 2015, Republicans were obsessed with turning the tragedy of the Benghazi assault into a circus. The House Intelligence Committee did its own report on the incident, replete with “additional views” from Rogers offering a sharper attack on the Obama administration, especially Susan Rice. Democrats were left offering “minority views” from Ruppersberger reminding lawmakers that blame for the attack should lie with the attackers.

I realize, of course, I left something out: that Holder was part of the cover-up himself.

In any case, I otherwise thought it a useful piece.

Welcome to the Senate Foreign Relations Committee, Mr. Pompeo — the Latest Committee to Have Reason to Investigate Russia!

Yesterday, Rex Tillerson committed the one unforgivable sin on the Trump Administration: holding Russia accountable for its actions. While Trump and Sarah Huckabee Sanders equivocated, Tillerston strongly stated that the poison used in the attack on Sergei Skripal and his daughter obviously came from Russia.

U.S. Secretary of State Rex Tillerson says the poisoning of ex-spy Sergei Skripal in Britain “clearly came from Russia” and “certainly will trigger a response.”

Tillerson says he doesn’t know whether Russia’s government had knowledge of the poisoning. But he is arguing the poison couldn’t have originated anywhere else. He says the substance is known to the U.S. and doesn’t exist widely. He says it’s “only in the hands of a very, very limited number of parties.”

Tillerson calls the poisoning “a really egregious act” and says it’s “almost beyond comprehension” that a state actor would use such a dangerous substance in a public place.

Today, Tillerson’s counterpart, Sergei Lavrov, drew the unenviable task of denying Russia’s involvement, even while the Russian Embassy and Putin himself barely hid their glee about the attack.

“Russia is not responsible,” Sergei Lavrov said during a televised press conference that marked an escalation of the standoff with the UK over the poisoning of the former Russian agent Sergei Skripal and his daughter, Yulia.

Lavrov also suggested Moscow would not comply with a Tuesday midnight deadline set by Theresa May to deliver an explanation or face retaliation. He said Moscow’s requests to see samples of the nerve agent had been turned down, which he called a violation of the chemical weapons convention outlawing the production of chemical weapons.

“We have already made our statement on this case,” he said. “Russia is ready to cooperate in accordance with the convention to ban chemical weapons if the United Kingdom will deign to fulfil its obligations according to the same convention.”

Trump did the predictable thing: Fired Tillerson by tweet, naming Mike Pompeo his successor and torturer Gina Haspel America’s first female CIA Director.

Of course, both those nominations require confirmation. And while it would probably be easy for Haspel to work as Acting Director for the foreseeable future, it may be far, far harder for Pompeo to make the move.

Admittedly, Pompeo was confirmed CIA Director with a 66-32 vote (this was before Democrats got bolder about opposing Trump’s more horrible nominees, and Pompeo was, after all, a member of Congress). But Pompeo likely faces a harder time even getting through committee. While Senate Foreign Relations Committee Dems Jeanne Shaheen and Tim Kaine are among the idiotic Dems who voted for Pompeo for CIA Director, SFRC Republican Rand Paul was the sole Republican voting against Pompeo. So even if just Shaheen and Kaine flip their votes, Pompeo will be bottled up in SFRC. But SFRC also includes several of the other Republicans who’ve been most skeptical of Trump and/or his dalliances with Russia: Bob Corker (who is retiring and has been chilly about Pompeo’s confirmation in the past), Jeff Flake (who is retiring), and Marco Rubio (who was hacked by Russia himself; though he has already said he would support Pompeo).

Since Pompeo’s last confirmation, he has done several things to coddle Trump’s Russia dalliance, as I laid out here.

Already, Pompeo’s cheerleading of Wikileaks during the election should have been disqualifying for the position of CIA Director. That’s even more true now that Pompeo himself has deemed them a non-state hostile intelligence service.

Add in the fact that Pompeo met with Bill Binney to hear the skeptics’ version of the DNC hack, and the fact that Pompeo falsely suggested that the Intelligence Community had determined Russia hadn’t affected the election. Finally, add in the evidence that Pompeo has helped Trump obstruct the investigation and his role spying on CIA’s own investigation into it, and there’s just far too much smoke tying Pompeo to the Russian operation.

Remember, too, that in his last confirmation process, Pompeo refused to rule out using hacked intelligence from Russia, something Rubio should be particularly concerned about.

Pompeo can also expect to be grilled about why he ignored the sanctions against Russia’s top intelligence officers so they could all come for a meet and greet earlier this year.

I’m not saying it won’t happen. But it will be tough for Pompeo to get through the narrowly divided SFRC, much less confirmation in the full senate.

House Intelligence Republicans yesterday made asses of themselves in an attempt to get Russian investigations off the front page. But by nominating Pompeo to be Secretary of State, Trump just gave an entirely different committee, one far more hawkish on Russia issues, reason to start a new investigation into Trump — and Pompeo’s — Russia dalliances.

“Notwithstanding”: How Congress Enabled Chuck Hagel and Ash Carter to Keep Child Rape and Torture from Disrupting Forever War

Back in September of 2015, the New York Times published sickening details on widespread child rape in the Afghan military. The Times’ investigation was centered in part on a victim of child rape who had served as a “tea boy” to Afghan officers and subsequently acquired a weapon. He opened fire inside a base, killing three US Marines.

I had noted at the time that one of the victims, Gregory Buckley, Jr. had told his father just before he was killed that reporting Afghan soldiers for child rape was discouraged because “it’s their culture”. This stood out to me because I had been reporting on the retroactive classification of a DoD report that stated many green on blue killings could be explained by cultural incompatibilities between US troops and the Afghans they were training.

The reports of child rape were so disgusting that Congress commissioned a study by the Special Inspector General for Afghanistan Recontruction to look into how such widespread abuses were allowed to happen. After all, the “Leahy laws” were aimed at preventing funding of foreign entities known to be committing gross violations of human rights. SIGAR finished their report in June of 2017, but it has only now been declassified and released.

While the report “found no evidence that US forces were told to ignore human rights abuses or child sexual assault”, the end result of actions by Secretaries of Defense Chuck Hagel and Ash Carter leading up to the September 2015 incident are damning in how they result in just that outcome, at least when it comes to using funding that Congress provided.

Here is how SIGAR places the investigation into perspective:

You are excused if, like me, you need to go off and curse a while over the outrageous sums of money we have “invested” in a security force that is failing at this very moment.

But now we have yet another outrage. Congress, in its infinite wisdom, decided in 2005 that no other law could be used to get in the way of the funding of our sacred war in Afghanistan. Recall that the torture memos were released in late 2004, so Congress rightly feared that much of what we were funding in Afghanistan was illegal and they didn’t want to let those measly laws get in the way of their war.

Just look what DoD had to go through to ignore what the Afghans were doing. Here is Chuck Hagel trying to provide cover in 2014:

This of course looks just fine. We all need a written protocol on how to report human rights abuses. But what happens when abuses are found? Oh, that’s bad. And even though DoD still redacts much of Hagel’s action, it’s clear he was told of abuses but he freed up funds anyway by relying on the “notwithstanding” clause:

It gets even worse. Ash Carter did the same thing, just a few short months before the tea boy attack that killed Buckley and two others:

Chuck Hagel and Ash Carter were fully aware of gross human rights abuses, including both child rape and torture, but elected to use the blunt tool that Congress had given them to ignore these human rights abuses and continue funding the same units within the Afghan military that carried out the abuses. So while official policy was that abuses are to be reported, they then are completely ignored at the Congressional and Cabinet level in order to continue a forever war that is forever failing.

10 Years of emptywheel: Key Non-Surveillance Posts 2013-2015

Happy Birthday to me! To us! To the emptywheel community!

On December 3, 2007, emptywheel first posted as a distinct website. That makes us, me, we, ten today.

To celebrate, over the next few days, the emptywheel team will be sharing some of our favorite work from the last decade. I’ll be doing 4 posts featuring some of my most important or — in my opinion — resilient non-surveillance posts, plus a separate post bringing together some of my most important surveillance work. I think everyone else is teeing up their favorites, too.

Putting together these posts has been a remarkable experience to see where we’ve been and the breadth of what we’ve covered, on top of mainstays like surveillance. I’m really proud of the work I’ve done, and proud of the community we’ve maintained over the years.

For years, we’ve done this content ad free, relying on donations and me doing freelance work for others to fund the stuff you read here. I would make far more if I worked for some free-standing outlet, but I wouldn’t be able to do the weedy, iterative work that I do here, which would amount to not being able to do my best work.

If you’ve found this work valuable — if you’d like to ensure it remains available for the next ten years — please consider supporting the site.

2013

What a Targeted Killing in the US Would Look Like

Amid now-abandoned discussions about using the FISA court to review targeted killing, I pointed out that a targeted killing in the US would look just like the October 28, 2009 killing of Imam Luqman Abdullah.

Article II or AUMF? “A High Level Official” (AKA John Brennan) Says CIA Can Murder You

When the second memo (as opposed to the first 7-page version) used to authorize the killing of Anwar al-Awlaki, it became clear that OLC never really decided whether the killing was done under Article II or the AUMF. That’s important because if it’s the latter, it suggests the President can order anyone killed.

John Brennan Sworn in as CIA Director Using Constitution Lacking Bill of Rights

I know in the Trump era we’re supposed to forget that John Brennan sponsored a whole lot of drone killing and surveillance. But I spent a good deal of the Obama Administration pointing that out. Including by pointing out that the Constitution he swore to protect and defend didn’t have the First, Fourth, Fifth, and Sixth amendment in it.

2014

The Day After Government Catalogs Data NSA Collected on Tsarnaevs, DOJ Refuses to Give Dzhokhar Notice

I actually think it’s unreasonable to expect the government’s dragnets to prevent all attacks. But over and over (including with 9/11), NSA gets a pass when we do reviews of why an attack was missed. This post lays out how that happened in the Boston Marathon case. A follow-up continued that analysis.

A Guide to John Rizzo’s Lies, For Lazy Journalists

Former CIA General Counsel John Rizzo lies, a lot. But that doesn’t seem to lead journalists to treat his claims skeptically, nor did it prevent them from taking his memoir as a statement of fact. In this post I summarized all the lies he told in the first 10 pages of it.

Obama to Release OLC Memo after Only 24 Congressional Requests from 31 Members of Congress

Over the year and a half when one after another member of Congress asked for the OLC memos that authorized the drone execution of Anwar al-Awlaki, I tracked all those requests. This was the last post, summarizing all of them.

The West’s Ideological Vacuum

With the rise of Trump and the success of Russia intervening in US and European politics, I’ve been talking about how the failures of US neoliberal ideology created a vacuum to allow those things to happen. But I’ve been talking about the failures of our ideology for longer than that, here in a post on ISIS.

KSM Had the CIA Believing in Black Muslim Convert Jihadist Arsonists in Montana for 3 Months

There weren’t a huge number of huge surprises in the SSCI Torture Report for me (indeed, its scope left out some details about the involvement of the White House I had previously covered). But it did include a lot of details that really illustrate the stupidity of the torture program. None was more pathetic than the revelation that KSM had the CIA convinced that he was recruiting black Muslim converts to use arson in Montana.

2015

The Jeffrey Sterling Trial: Merlin Meets Curveball

A big part of the Jeffrey Sterling trial was CIA theater, with far more rigorous protection for 10 year old sources and methods than given to 4 year old Presidential Daily Briefs in the Scooter Libby trial. Both sides seemed aware that the theater was part of an attempt, in part, to help the CIA gets its reputation back after the Iraq War debacle. Except that the actual evidence presented at trial showed CIA was up to the same old tricks. That didn’t help Sterling at all. But neither did it help CIA as much as government prosecutors claimed.

The Real Story Behind 2014 Indictment of Chinese Hackers: Ben Rhodes Moves the IP Theft Goal Posts

I’ve written a lot about the first indictment of nation-state hackers — People’s Liberation Army hackers who compromised some mostly Pittsburgh located entities, including the US Steel Workers. Contrary to virtually all the reporting on the indictment, the indictment pertained to things we nation-state hack for too: predominantly, spying on negotiations. The sole exception involves the theft of some nuclear technology from Westinghouse that might have otherwise been dealt to China as part of a technology transfer arrangement.

Obama’s Terrorism Cancer Speech, Carter’s Malaise Speech

In response to a horrible Obama speech capitulating to Republican demands he treat the San Bernardino attack specially, as Islamic terrorism, I compared the speech to Jimmy Carter’s malaise speech. Along the way, I noted that Carter signed the finding to train the mujahadeen at almost the exactly moment he gave the malaise speech. The trajectory of America has never been the same since.

Other Key Posts Threads

10 Years of emptywheel: Key Non-Surveillance Posts 2008-2010

10 Years of emptywheel: Key Non-Surveillance Posts 2011-2012

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