Cheney’s So-Called Recidivists

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There’s a number of impressions I get from the DOD "report" on the number of Gitmo detainees who have joined terrorists groups, including al Qaeda, since being released. First, while it appears to be what ABC billed it as–the report showing 14% of the people freed from Gitmo purportedly returning to the fight, the one that was used to scare the Senate into refuse funding for Gitmo–it looks fairly laughable. This is a DOD document, mind you, that has no originator or tracking information, and not even headers and footers. It sure doesn’t look to me like a finished report–it looks like some guys’ notes.

Then, look at the dates. The list confirms a point Lawrence O’Donnell made when he was debating Liz Cheney. If anyone is responsible for freeing these guys, it’s Dick Cheney and his buddies. The sole 2009 date I see is this one:

Abu Sufyan al-Azdi al-Shihri–repatriated to Saudi Arabia in November 2007, and Mazin Salih Musaid al-Alawi al-Awfi–repatriated to Saudi Arabia in July 2007. On 24 January, a 19-minute video was released wherein al-Shihri and al-Awfi announced their leadership within the newly established al-Qaida in Arabian Peninsula.

Call me a cynic, but any video released just days after Obama became President and two days after he signed an order to close Gitmo ought to be treated with caution.We’ve seen way too much explicit propaganda in the last eight years to take this as face value.

Also note the standards involved. The report tries to refute a criticism made of it–that among the so-called recidivists included is a guy, Mohammed Ismail, who made a critical comment about the US. In its definitions section, the report says:

For the purposes of this definition, engagement in anti-U.S. propaganda alone does not qualify as terrorist activity.

Oh, okay. In the case of Ismail, the report claims he engaged in an attack on US forces in Afghanistan and was carrying a letter "confirming his status as a Taliban member in good standing."

Which brings us to another point. A number of these so-called recidivists joined not al Qaeda, but the Taliban, upon their return. That’s different than al Qaeda membership, and I challenge it as a designation of "terrorist" membership. Anti-US, certainly (at least before we entered into talks with the Taliban), but strictly speaking not a terrorist organization.

Finally, there’s the question of how these classifications of confirmed and suspected were collected. Read more →

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What Pelosi, Rockefeller & Harman Could Have Done

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There has been an ongoing discussion for the last two weeks or so about the briefings that congressional leaders were allegedly given regarding the Bush/Cheney torture program (See for instance here, here, here, here and here) and what Congressmembers like Pelosi, Rockefeller, Harman and Graham could have done to fight the malfeasance of Bush and Cheney. This post will explain what they could have done.

I promised a discussion on the speech and debate clause and what was possible, at least theoretically, for Nancy Pelosi, Jane Harman, Jay Rockefeller, Bob Graham, or any Congressmember that had knowledge, to have done about the wrongs of the Bush Cheney Administration, even in relation to national security level topics.

The speech and debate clause is found in Article I, section 6 of the Constitution and reads as follows:

The Senators and Representatives shall receive a Compensation for their Services, to be ascertained by Law, and paid out of the Treasury of the United States. They shall in all Cases, except Treason, Felony and Breach of the Peace, be privileged from Arrest during their Attendance at the Session of their respective Houses, and in going to and returning from the same; and for any Speech or Debate in either House, they shall not be questioned in any other Place.

The key wording is the last part "…and for any Speech or Debate in either House, they shall not be questioned in any other Place." The down and dirty is that congressmembers (and in certain cases key staff) cannot be questioned or held to answer in any forum, civil, criminal or otherwise, for speech and/or discussion regarding legitimate interests and business of Congress; such conduct occurring on the floor or in committee is absolutely privileged.

Let’s have a look at the history of the Speech and Debate Clause. In United States v. Gillock, 445 U.S. 360 (1980), the Supreme Court stated, "The Framers viewed the speech or debate privilege as fundamental to the system of checks and balances." Indeed, it was framed by the founders as one of the seminal checks and balances against the power and greed of the Executive Branch. You know, exactly what Congress was staring at, and cowering from, with the Bush/Cheney crew. The Congressional privilege has been discussed and upheld in a Read more →

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Gitmo as OUR Recruitment Tool

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The NYT is out with another report of the Pentagon stat that 14% of those released after being held in Gitmo subsequently engaged in terrorism.

An unreleased Pentagon report concludes that about one in seven of the 534 prisoners already transferred abroad from the detention center in Guantánamo Bay, Cuba, has returned to terrorism or militant activity, according to administration officials. 

[snip]

The report, a copy of which was made available to The New York Times, says the Pentagon believes that 74 prisoners released from Guantánamo have returned to terrorism or militant activity, making for a recidivism rate of nearly 14 percent.

There’s something that all of the discussion on so-called "recidivism" from Gitmo never considers.

What are the chances that some, or even most, of these "recidivist" terrorists are actually men we recruited to spy for us? That is, they may have "returned to terrorism or militant activity," but did so with our blessing, with the understanding they’d send back information on what those militant groups were doing.

We do know the US and its allies were using those captured as spies of a sort. Just last weekend, for example, newspapers in the UK reported that an "Informant A" was used by the Brits and Morrocco to try to get Binyam Mohamed to "cooperate" with his captives. 

Mohamed, 31, says that in September 2002, after his ‘extraordinary rendition’ to North Africa, an agent known only as Informant A told him the torture would stop if he gave intelligence to the British.

The offer from the agent, a UK citizen of Moroccan descent, suggests that British security forces had the power to end his treatment, Mohamed’s lawyer claims.

Mohamed already knew the agent from London.

[snip]

Clive Stafford Smith said: ‘The Moroccans told Mr Mohamed that Informant A was working with the British Government and pressed Mr Mohamed to do the same if he wanted to end his torture.

[snip]

Informant A is said to have fought alongside Osama Bin Laden in the caves of Tora Bora.

He was said to have been captured and held at a U.S. base in Afghanistan in 2002, when he agreed to turn informant.

Terek Dergoul, held at the same base, said: ‘One of the guards was saying, "We’ve got another 007".’

The language here is particularly interesting: the reference to Informant A as "another 007" and the suggestions that Mohamed should "work with the British Government." Read more →

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Issa: Waaahhhh! Dems All Reminding Us of Lies CIA Told in 2002!

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Here’s Darrell Issa, in the process of getting schooled by Tweety, who called him on his grandstanding attempt to get the FBI to investigate Nancy Pelosi’s allegation that the CIA led to her on September 4, 2002. (Somehow, neither Issa nor Tweety seem interested in the fact that Porter Goss’ statements, to date, support Pelosi’s contention that CIA didn’t tell Congress waterboarding had already been used before they were briefed.)

But I’m more interested in the attention that Issa pays to a much more inflammatory accusation that Paul Kanjorski has made. In his effort to suggest all the Democrats are beating up on CIA, Issa notes that Paul Kanjorski says "he was lied to a week later."

It appears that Issa is not saying that Kanjorski was lied to in recent days (a week after Pelosi made the claim), but rather that Kanjorski says he was lied to in the week after September 4, 2002. Which seems to be this accusation.

In a town hall meeting in Bloomsburg, Pa. this week [leading up to September 3, 2007], Rep. Paul Kanjorski, a 12-term congressman, said that shortly before Congress was scheduled to vote on authorizing military force against Iraq, top officials of the CIA showed select members of Congress three photographs it alleged were Iraqi Unmanned Aerial Vehicles (UAVs), better known as drones. Kanjorski said he was told that the drones were capable of carrying nuclear, biological, or chemical agents, and could strike 1,000 miles inland of east coast or west coast cities.

Kanjorski said he and four or five other congressmen in the room were told UAVs could be on freighters headed to the U.S. Both secretary of state Condoleezza Rice and President Bush wandered into and out of the briefing room, Kanjorski said.

Kanjorski said it was the second time he was called to the White House for a briefing. He had opposed giving the President the powers to go to war, and said that he hadn’t changed his mind after a first meeting. Until he saw the pictures, Kanjorski said, "I hadn’t thought that Iraq was a threat." That second meeting changed everything. After he left that meeting, said Kanjorski, he was willing to give the President the authorization he wanted since the drones "represented an imminent danger."

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Scrapple and Pelosi

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Yes, I’m glad that Arlen "the Scrapple formerly known as Haggis" Specter has come out in support of Nancy Pelosi’s suggestion that CIA misled her in her September 2002 briefing.

"The CIA has a very bad record when it comes to — I was about to say ‘candid’; that’s too mild — to honesty," Specter, a former chairman of the Senate Intelligence Committee, said in a lunch address to the American Law Institute. He cited misleading information about the agency’s involvement in mining harbors in Nicaragua and the Iran-Contra affair."Director [Leon] Panetta says the agency does not make it a habit to misinform Congress. I believe that is true. It is not the policy of the Central Intelligence Agency to misinform Congress," Specter said. "But that doesn’t mean that they’re all giving out the information."

Because of leaks that have come from Congress, Specter said, he understands the agency’s hesitancy to disclose all its information.

"The current controversy involving Speaker Pelosi and the CIA is very unfortunate, in my opinion, because it politicizes the issue and it takes away attention from … how does the Congress get accurate information from the CIA?" Specter said. "For political gain, people are making headlines."

But one thing should be mentioned about Specter’s comments. Note that Scrapple, unlike John Boehner and Crazy Pete Hoekstra and John McCain, doesn’t claim to know WTF Pelosi was briefed.

Rather, his statement is general (a sentiment Specter probably formed when he was on SSCI): Specter’s noting that CIA is less than forthcoming with Congress, and that that needs to change. (He’s also correctly suggesting that those making headlines are doing so for political spin.)

The distinction is important. This whole debate has largely been drummed up by people who have no fucking clue how CIA briefed Congress in 2002. It’d be nice if that kind of rank ignorance wasn’t making the headlines anymore. 

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The Terrorism Intelligence and the Briefing Schedule

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I suggested yesterday that one of the explanations for the CIA’s unreliable record of briefings on torture and terrorism in 2002 and 2003 might reflect an attempt to hide certain information.

Did CIA not reveal they were torturing detainees to dodge any question about the accuracy of claims about Iraq intelligence? 

While we don’t know the full schedule of briefings on Iraq intelligence, the schedule of intelligence documents pertaining to Iraqi ties to terrorism suggests that might be possible. Significantly, according to Bob Graham and Nancy Pelosi, they were not briefed that Abu Zubaydah had been tortured before the NIE appeared integrating his August 2002 interrogation reports. And Jane Harman was not informed he had been tortured until after the last major report on Iraqi links to terrorism came out in January 2003.

Here are the intelligence documents mentioned in the SSCI Report on Iraq, interspersed with the torture briefings.

September 21, 2001: Document written by Cofer Black (then Director of CounterTerrorism) and Near East and South Asia Directorate. Distributed only to President’s Daily Brief principals, and not revealed to Congress until June 2004. The document is described as "taking a ‘Q&A’ approach to the issue of Iraq’s possible links" to 9/11.

October 2001:  NESA document discussing Iraq’s overall ties to terrorism.CIA refused to share the document with SSCI, explaining its dissemination was limited to PDB readers.

December 18, 2001: Ibn Sheikh al-Libi captured.

February 22, 2002: First report doubting al-Libi’s claims of ties between Iraq and al Qaeda.

March 28, 2002: Abu Zubaydah captured.

June 21, 2002, Iraq and al-Qaida: Interpreting a Murky Relationship: Ostensibly a joint project between CTC and NESA, the report was a subject of a CIA Ombud invsetigation into a complaint from a NESA analyst alleging that the document did not adequately reflect the views of NESA. The document was intentionally expansive, as described by Jamie Miscik: "If you were going to stretch to the maximum the evidence you had, what could you come up with?"

July 26, 2002: OLC orally authorized waterboarding.

July 31, 2002: Second report doubting al-Libi’s claims of ties between Iraq and al Qaeda.

Summer 2002, Dougie Feith’s Propaganda: This led to a series of briefings in August 2002 apparently designed to reinsert previously discredited claims into the CIA stream of intelligence. In particular, George Tenet agreed to hold up the production of Iraqi Support for Terrorism until CIA could attend a meeting with Feith’s people; the meeting took place on August 20, 2002. Read more →

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al-Libi Dies in a Libyan Prison

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Graphic by Darkblack

Graphic by Darkblack

We have been talking heavily about torture, renditions and the legal and motivational justifications therefore nonstop for the last couple of weeks. But one of the earliest entries in this sordid tale (witness the December 18, 2001 entry on Marcy’s Torture Timeline) was the capture and torture of Ibn Sheikh al-Libi. What became of al-Libi has been ripe discussion ever since he was disappeared. From Andy Worthington (h/t Barb) we learn of al-Libi’s demise:

The Arabic media is ablaze with the news that Ibn al-Shaykh al-Libi, the emir of an Afghan training camp — whose claim that Saddam Hussein had been involved in training al-Qaeda operatives in the use of chemical and biological weapons was used to justify the invasion of Iraq — has died in a Libyan jail.
…
This news resolves, in the grimmest way possible, questions that have long been asked about the whereabouts of Ibn al-Shaykh al-Libi, perhaps the most famous of “America’s Disappeared” — prisoners seized in the “War on Terror,” who were rendered not to Guantánamo but to secret prisons run by the CIA or to the custody of governments in third countries — often their own — where, it was presumed, they would never be seen or heard from again.

Al-Libi was captured by Pakistan on or about December 18, 2001 and was one of the earliest subjects rendered at the will if the CIA, being sent to Egypt for torture. And what did Bush/Cheney want out of him? Information connecting Sadaam Hussein with al-Qaida of course, which he eventually coughed up to his tormenters.

The significance of al-Libi in the events that followed and have led us to where we are today cannot be overestimated.

In Egypt, he came up with the false allegation about connections between al-Qaeda and Saddam Hussein that was used by President Bush in a speech in Cincinnati on October 7, 2002, just days before Congress voted on a resolution authorizing the President to go to war against Iraq, in which, referring to the supposed threat posed by Saddam Hussein’s regime, Bush said, “We’ve learned that Iraq has trained al-Qaeda members in bomb making and poisons and deadly gases.”

That October 7, 2002 speech in Cincinnati was a critical base for entire set of lies that put us into the unconscionable and unjustified invasion and occupation of Iraq. You might remember the Cincinnati speech, it was the first time Bush Read more →

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Pelosi’s Advisory On Abu Zubaydah And Torture

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As Marcy noted back on April 29th, the issue of Nancy Pelosi’s briefing back in 2002 on the Bush/Cheney torture program, whether or not it was being applied to Abu Zubaydah and, if so, to what extent, has really turned into a he said-she said game. (See also here regarding the Porter Goss offensive against Pelosi and Harman).

So, it should not come as any surprise that yet another missive has been launched in this little passion play. Today’s strike comes courtesy of Rick Klein at ABC News:

ABC News’ Rick Klein reports: House Speaker Nancy Pelosi was briefed on the use of “enhanced interrogation techniques” on terrorist suspect Abu Zubaydah in September 2002, according to a report prepared by the Director of National Intelligence’s office and obtained by ABC News.

The report, submitted to the Senate Intelligence Committee and other Capitol Hill officials Wednesday, appears to contradict Pelosi’s statement last month that she was never told about the use of waterboarding or other special interrogation tactics. Instead, she has said, she was told only that the Bush administration had legal opinions that would have supported the use of such techniques.

MadDog has slithered into the depths of Human Events.com to find what they claim is "the report". He has also given us a hand glossary for the abbreviations. The Washington Post seems to think it is "the report" as well, for what it is worth:

In a 10-page memo outlining an almost seven-year history of classified briefings, intelligence officials said that Pelosi and then-Rep. Porter J. Goss (R-Fla.) were the first two members of Congress briefed on the tactics. Then the ranking member and chairman of the House intelligence committee, respectively, Pelosi and Goss were briefed Sept. 4, 2002, one week before the anniversary of the terrorist attacks of Sept. 11, 2001.

Pelosi has already, of course, issued a denial through a spokesman. More he said-she said. Quite frankly, without more, today’s play should be taken with a grain of salt. Multiple major news organizations have this hot off the press info right after Congress receives it and right wing hit rag Human Events (Jed Babbin) is pitching it as a slam on Pelosi. How very convenient. As further evidence of the need for grains Read more →

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Dougie Feith’s Little Shop of Tortures?

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I just happened to find Dougie Feith’s responses to Questions for the Record the Senate Intelligence Committee asked him in 2003. They wanted to know how his little intelligence shop at DOD–the Policy Counter Terrorism Evaluation Group (PCTEG)–bridged the line between intelligence and policy.

He said his little intelligence shop helped formulate policy on:

  • DoD response to the presence in Iraq of the al-Qaida affiliated Ansar al-Islam terrorist group.
  • DoD response to the presence in Iraq of al-Qaida operative Abu Musab al-Zarqawi and his CB W network.
  • Helping to formulate requirements for the debriefings of al-Qaida fighters detained at Guantanamo and Bagram.

"Helping to formulate requirements for the debriefings of al-Qaida fighters?!?!?!?!"

What the hell does that mean? How do you formulate policy requirements for interrogations?

I don’t know, really, but I wonder if it has something to do with this (from a psychiatrist advising on interrogations at Gitmo):

[T]his is my opinion, even though they were giving information and some of it was useful, while we were there a large part of the time we were focused on trying to establish a link between AI Qaeda and Iraq and we were not being successful in establishing a link between AI Qaeda and Iraq. The more frustrated people got in not being able to establish this link, there was more and more pressure to resort to measures that might produce more immediate results.

Or this, coming from Dougie’s boss, Paul Wolfowitz:

Mr. Becker also told the Committee that, on several occasions, MG Dunlavey had advised him that the office of Deputy Secretary of Defense Wolfowitz had called to express concerns about the insufficient intelligence production at GTMO.

Or this:

Mr. Haynes’s memo stated that he had discussed the issue with Deputy Secretary of Defense Paul Wolfowitz, Undersecretary ofDefense for Policy Doug Feith, and Chairman of the Joint Chiefs of Staff (CJCS) General Richard Myers and that they concurred with his recommendation.

Anyone want to speculate whether or not Dougie Feith was giving the torturers a script to focus on Iraq’s specious ties to al Qaeda?

Updated for clarity.

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Noted Terrorist Indicted

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The terrorist in question is Luis Posada Carriles, who at one time admitted to involvement in a 1997 Cuban bombing, and is widely associated with a 1976 airline bombing.

That would be Luis Posada Carriles, a Cuban exile, suspected, arrested and once convicted (though later pardoned) in various countries for crimes that included the 1976 bombing of a Cuban jetliner that killed 73 people; the 1997 bombings of two Havana hotels that killed an Italian tourist; and a 2000 plot to assassinate Fidel Castro. 

[snip]

Wednesday night, federal prosecutors filed a superseding 11-count indictment against the aging militant in which, for the first time, the U.S. links him to at least the 1997 bombings. It doesn’t directly charge Posada with the crime; but it accuses him of lying about his role in it, claiming he perjured himself and obstructed justice in 2005 when, while answering questions from immigration authorities, he denied involvement in the Havana attacks even though he told the New York Times in 1998 that he’d taken part in them. 

While it would be nice to see this country’s hypocrisy regarding right wing terrorists end (particularly from an Attorney General who has himself practiced that hypocrisy on behalf of Chiquita, Jeff Stein notes some caution is merited.

Normally, throwing Posada into a dark pit would be cause for joy – if the government’s conduct didn’t stink up the joint.

Posada may be as guilty as former Sen. Ted Stevens, R-Alaska, once was. But a guilty verdict can’t wipe the stain off the foundation of the government’s case, no matter how it ends.

To wit, the 2005 naturalization hearing where the government maintains Posada committed perjury.  

U.S. District Judge Kathleen Cardone was outraged by the government’s conduct in the hearing.

"This Court finds that the Government engaged in fraud, deceit, and trickery," Cardone wrote in a blistering decision dismissing the indictment in May 2007.

Indeed, the transcripts of the government’s interviews with Posada, conducted by a team of Justice Department and Homeland Security Department officials, shows that Cardone was on target.   

For starters, the Spanish language interpreter the government used at the hearing was incompetent, she found after appointing a court-certified interpreter to review the taped hearing.

[snip]

What a weirdly ironic twist, considering that Justice departments going back to the Reagan administration were soft on Posada, looking the other way while he waged his violent vendetta against Castro, oblivious to collateral damage, protected by Florida’s powerful Read more →

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