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ProSense

(116,464 posts)
Wed Apr 4, 2012, 05:22 PM Apr 2012

Contrary torture memo finally released by State Department. Bottom line: CIA committed war crimes

Contrary torture memo finally released by State Department. Bottom line: CIA committed war crimes

by Meteor Blades

It took three years, but Spencer Ackerman's Freedom of Information Act request has finally put the 2006 torture memo he was seeking into his hands. The memo—which went contrary to the views expressed in a 2005 memo written by Steven Bradbury, head of the Bush administration's Office of Legal Counsel—was written by State Department counselor Philip Zelikow. He warned that the so-called "enhanced interrogation techniques" being used were against U.S. law, “even if there is a compelling state interest asserted to justify them.” Of an interview with Zelikow Wednesday, Ackerman writes:

Zelikow argued that the Geneva conventions applied to al-Qaida — a position neither the Justice Department nor the White House shared at the time. That made waterboarding and the like a violation of the War Crimes statute and a “felony,” Zelikow tells Danger Room. Asked explicitly if he believed the use of those interrogation techniques were a war crime, Zelikow replied, “Yes.” [...]

“We are unaware of any precedent in World War II, the Korean War, the Vietnam War, or any subsequent conflict for authorized, systematic interrogation practices similar to those in question here,” Zelikow wrote, “even where the prisoners were presumed to be unlawful combatants.” [...]

“Coercive” interrogation methods “least likely to be sustained” by judges were “the waterboard, walling, dousing, stress positions, and cramped confinement,” Zelikow advised, “especially [when] viewed cumulatively.” (Most CIA torture regimens made use of multiple torture techniques.) “Those most likely to be sustained are the basic detention conditions and, in context, the corrective techniques, such as slaps.”

The Bush administration ignored Zelikow's warnings and last June, after a long inquiry, the Obama Department of Justice let almost all of it slide when it said no charges would be filed in 99 of 101 cases involving CIA torture of detainees. As Ackerman notes, the inquiry did not even investigate whether there was complicity in war crimes by the top Bush administration officials who put together the torture package and ordered it implemented.

“I don’t know why Mr. Durham came to the conclusions he did,” Zelikow says, referring to the Justice Department special prosecutor for the CIA torture inquiry, John Durham. “I’m not impugning them, I just literally don’t know why, because he never published any details about either the factual analysis or legal analysis that led to those conclusions.”

It's no surprise to anyone at this late date that the thugs who put together the torture program—and ran secret prisons around the world where they could carry it out like the good little totalitarians they are—will never pay a price for it. They write their memoirs and collect their speaking fees and continue to bask in the adulation of a hefty proportion of Americans who still think torture is no big deal and, even if it were, suspected terrorists deserve it. Others who say torture is a big deal but we have to move on are complicit not just in these crimes but also the ones that will inevitably occur in the future because nothing was done about these.

- more -

http://www.dailykos.com/story/2012/04/04/1080631/-Contrary-torture-memo-finally-released-by-State-Department-Bottom-line-CIA-committed-war-crimes-

19 replies = new reply since forum marked as read
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Contrary torture memo finally released by State Department. Bottom line: CIA committed war crimes (Original Post) ProSense Apr 2012 OP
Police & prisons have upped their torturing duhneece Apr 2012 #1
How awful. You mean parents have done that here in the US? sabrina 1 Apr 2012 #2
Torture has become more acceptable than I would have believed... duhneece Apr 2012 #7
Looks like the first little girl was lucky the mother called the police. sabrina 1 Apr 2012 #11
I hope Cheney leaves the country at some point! Dustlawyer Apr 2012 #3
I don't believe Obama did not prosecute because he liked having that power Bandit Apr 2012 #5
We all argued that the Geneva Convenstions applied to Al Queda but even now, we are told they sabrina 1 Apr 2012 #4
I can't ProSense Apr 2012 #6
Lol, that was not my point at all. My point was about strategy. We listened to bad advice. sabrina 1 Apr 2012 #8
Well, ProSense Apr 2012 #10
We democrats are or should be pretty homogeneous when it comes to issues like War Crimes. sabrina 1 Apr 2012 #13
Oh, I'm ProSense Apr 2012 #15
I suppose you could say that about any large Corporation. They have to decide what sabrina 1 Apr 2012 #16
Oh well, what's done is done gratuitous Apr 2012 #9
If someone ProSense Apr 2012 #14
I can't wait for all the thugs and their bosses are facing trial and punishment. Tierra_y_Libertad Apr 2012 #12
Yes, Virginia, there ARE Two Americas. bvar22 Apr 2012 #17
kudos to the Obama administration for releasing this Enrique Apr 2012 #18
Don't look back, rudycantfail Apr 2012 #19

duhneece

(4,118 posts)
1. Police & prisons have upped their torturing
Wed Apr 4, 2012, 05:47 PM
Apr 2012

There have now been children waterboarded by (I assume untreated ptsd-suffering) fathers.
Torture has become an American value so now, knowing that, I am commuted to doing what I can to turn our country away from that value.

sabrina 1

(62,325 posts)
2. How awful. You mean parents have done that here in the US?
Wed Apr 4, 2012, 05:53 PM
Apr 2012

I know I shouldn't be surprised, when our elected officials justify torture for anyone, which did include children and women, what kind of society does that create?

Far too many people in this country even some on the Left, including, and one of the main reasons I could not support her, Hillary Clinton, are willing to permit it 'under certain circumstances'. It's so ease to destroy something, like our values, it will take generations to undo the damage and I don't hear enough condemnation from our elected officials of that vile practice to have much impact.

duhneece

(4,118 posts)
7. Torture has become more acceptable than I would have believed...
Wed Apr 4, 2012, 06:20 PM
Apr 2012

Police: Iraq War Vet Joshua Tabor Waterboarded 4-Year-Old Daughter Over ABC's

http://www.cbsnews.com/8301-504083_162-6189394-504083.html

more:
http://atlanta.cbslocal.com/2011/11/18/police-2-georgia-caregivers-waterboard-89-year-old-woman/

The mother of a 14-year-old autistic boy has accused a school aide of ' waterboarding' her son by forcing ...



sabrina 1

(62,325 posts)
11. Looks like the first little girl was lucky the mother called the police.
Wed Apr 4, 2012, 06:51 PM
Apr 2012

Sounds like the father has maybe seen too much violence and it is now the only way he knows to get what he wants.

I haven't read the second link yet, but I guess we can expect a lot more of this since it is now accepted and the shock value has worn off. We have been desensitized. What a tragedy.

Dustlawyer

(10,497 posts)
3. I hope Cheney leaves the country at some point!
Wed Apr 4, 2012, 05:54 PM
Apr 2012

Our country now has too big to charge with a crime! Nixon was the last one and he was pardoned. Selective prosecution has always happened, look at Zimmerman the Judge's son. But clear war crimes that Obama refused to investigate (b/c he too liked the new power at his disposal). It all makes me sick.

Bandit

(21,475 posts)
5. I don't believe Obama did not prosecute because he liked having that power
Wed Apr 4, 2012, 06:07 PM
Apr 2012

I believe he felt he could somehow win over some Republicans if he didn't go after them for crimes they committed..He truly feels like he is President of all Americans and not just Democrats.. Really quite different from how Republicans Govern or should I say Rule... they really don't know how to Govern. They only want to RULE....I think Obama may have a few regrets about how he spent his first term...

sabrina 1

(62,325 posts)
4. We all argued that the Geneva Convenstions applied to Al Queda but even now, we are told they
Wed Apr 4, 2012, 06:00 PM
Apr 2012

do not.

This article is interesting to me because it was Meteor Blades who convinced many of us who were members of that board, that while he understood our reasons in 2006 to demand accounatability, impeachment, we should set them aside in order to 'win a majority in both Houses and the WH, after which, he told us, if we could just have patience, then we would be in a much better position to get that accountability.

That was the last time I accepted such tactics as viable. Once they got the power, we were told we were going 'to move on'. So, all politicians took from our patience was that they did not need to do anything once elected. And what we learned, and are still getting flack for, was that it is BEFORE the election, when we actually have a bargaining chip, that we should put pressure on them.

I'd like to know what Meteor Blades is advising people now or if he ever acknowledged that that was very bad advice. Perhaps he has.

ProSense

(116,464 posts)
6. I can't
Wed Apr 4, 2012, 06:17 PM
Apr 2012
This article is interesting to me because it was Meteor Blades who convinced many of us who were members of that board, that while he understood our reasons in 2006 to demand accounatability, impeachment, we should set them aside in order to 'win a majority in both Houses and the WH, after which, he told us, if we could just have patience, then we would be in a much better position to get that accountability.

...respond to the merits of the claim against the Daily Kos poster, but I can say with confidence that a McCain administration would not have held Bush officials accountable.



sabrina 1

(62,325 posts)
8. Lol, that was not my point at all. My point was about strategy. We listened to bad advice.
Wed Apr 4, 2012, 06:30 PM
Apr 2012

Their strategy was to use their bargaining chips to convince us not to use ours. The fear of Republicans made us a little blind I guess.

Politicians are all about strategy. The people now have to do more than just vote, with no strategy. It is clear that the strategy of remaining silent about important issues 'because there's an election coming up' has failed. Yet, it is being pushed again. But people won't buy it so easily anymore.

An election is like a business deal. Each side has to show they have something the other wants. Our party has demonstrated clearly that because we had no strategy to ensure that the issues that were important to us, were at least fought for once we gave them our votes, we failed.

Attempting to push for those policies AFTER handing over our only bargaining chips, well, 'we're going to move forward' that shows how successful a strategy that was. We trusted them without making demands. We the people have as much right and an obvious need, to develop a strategy and implement it as politicians do. That is how business deals work.

ProSense

(116,464 posts)
10. Well,
Wed Apr 4, 2012, 06:47 PM
Apr 2012
Their strategy was to use their bargaining chips to convince us not to use ours. The fear of Republicans made us a little blind I guess.

Republicans are really (the current crop, extremely) scary.

An election is like a business deal. Each side has to show they have something the other wants. Our party has demonstrated clearly that because we had no strategy to ensure that the issues that were important to us, were at least fought for once we gave them our votes, we failed.

An election is nothing like a business deal. The electorate, even those voting for a specific candidate, is not a homogeneous ideological bloc.

sabrina 1

(62,325 posts)
13. We democrats are or should be pretty homogeneous when it comes to issues like War Crimes.
Wed Apr 4, 2012, 06:54 PM
Apr 2012

I thought we were and I thought our candidates were. It's not exactly something that reasonable minds can disagree on.

I don't expect anything of Republicans, so they figure in my calculations. I would never have expected them to deal with war criminals, but that's why I am not a Republican.

ProSense

(116,464 posts)
15. Oh, I'm
Wed Apr 4, 2012, 07:03 PM
Apr 2012

"We democrats are or should be pretty homogeneous when it comes to issues like War Crimes."

...sure most Democrats are, but it's also likely that most Democrats are homogeneous when it comes to stealing elections.

The problem is that while I believe the 2004 election was stolen, not every Democrat agrees. Then you have the Democrats who think like Republicans.

Still doesn't make an election like a business deal because a significant chunk of the electorate, voting for both parties, are not Democrats or Republicans.

People process things differently, whether it's believing "they all do it," not believing it or being uncertain or apathetic.

sabrina 1

(62,325 posts)
16. I suppose you could say that about any large Corporation. They have to decide what
Wed Apr 4, 2012, 08:34 PM
Apr 2012

is most important to them and their clients will do the same. And it's doubtful that all will agree on every issue, but in order to succeed they will come to a consensus and develop a strategy to get what they want. I don't see how the American People are any different since the issues that face elected officials will affect them far more than the what the design of a new automobile should be.

So my point is, we do have to change our tactics. The old way has not worked for us on some pretty major issues. We have been taken for granted and that has to change.

gratuitous

(82,849 posts)
9. Oh well, what's done is done
Wed Apr 4, 2012, 06:41 PM
Apr 2012

Can we quit lookin' backwards to the past? It's time to look forward to the future! Besides, let's listen to the hefty proportion of Americans (including a truly depressing number of alleged liberals and progressives) who still think all this is no big deal. Because we have to win elections. Win, win, win!!

ProSense

(116,464 posts)
14. If someone
Wed Apr 4, 2012, 06:55 PM
Apr 2012

gave me three wishes that could only be used to impact policies, I'd go for a $20 minimum wage, single-payer health care and a war crimes trial for Bush officials.

I mean, talk about three policies that would go a long way to right decades of wrong.

 

Tierra_y_Libertad

(50,414 posts)
12. I can't wait for all the thugs and their bosses are facing trial and punishment.
Wed Apr 4, 2012, 06:53 PM
Apr 2012

Of course, I'm still waiting for Kissinger and his underlings to be put on trial.

bvar22

(39,909 posts)
17. Yes, Virginia, there ARE Two Americas.
Wed Apr 4, 2012, 08:59 PM
Apr 2012

If you are wealthy and connected,
you CAN get away with torture and mass murder of innocents.



You will know them by their WORKS,
not by their excuses.
[font size=5 color=green]Solidarity99![/font][font size=2 color=green]
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Enrique

(27,461 posts)
18. kudos to the Obama administration for releasing this
Wed Apr 4, 2012, 09:03 PM
Apr 2012

i'm sure they could have kept it classified, or even destroyed it, and we never would have seen this, coming from a Bush administration official:

“We are unaware of any precedent in World War II, the Korean War, the Vietnam War, or any subsequent conflict for authorized, systematic interrogation practices similar to those in question here,” Zelikow wrote, “even where the prisoners were presumed to be unlawful combatants.”
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