Saturday, April 25, 2009

Cheney Lies Again

Original Link: http://andrewsullivan.theatlantic.com/the_daily_dish/2009/04/cheney-lies-again.html

By Andrew Sullivan

This is vital, because it reveals just how bad a card Cheney has to play in protecting himself from being prosecuted as a war criminal. The CIA inspector general's report found no evidence that torture had given any information that would not have been found using legal and moral means. Even one of the legal architects of the torture program, Steven Bradbury, had to concede that much:

"It is difficult to quantify with confidence and precision the effectiveness of the program," Steven G. Bradbury, then the Justice Department's principal deputy assistant attorney general, wrote in a May 30, 2005, memo to CIA General Counsel John Rizzo, one of four released last week by the Obama administration.

"As the IG Report notes, it is difficult to determine conclusively whether interrogations provided information critical to interdicting specific imminent attacks. And because the CIA has used enhanced techniques sparingly, 'there is limited data on which to assess their individual effectiveness'," Bradbury wrote, quoting the IG report.

More salient for future war crime prosecutions will be the fact that the actual waterboarding did not even follow the absurd attempts to make it non-torture:

Contrary to Bush administration's insistence that waterboarding carried few risks and that medical concerns were a priority, the CIA didn't initially seek the help of medical professionals in setting up or carrying out the procedure.

"OMS (the CIA's Office of Medical Services) was neither consulted nor involved in the initial analysis of the risk and benefits of (enhanced interrogation techniques)," Bradbury wrote in his May 10, 2005, memo, quoting from the IG's report... Quoting from the IG report, Bradbury wrote, "The waterboard technique . . . was different from the technique described in the DOJ opinion and used in the SERE training . . . At the SERE school . . . the subject's airflow is disrupted by the firm application of a damp cloth over the air passages; the interrogator applies a small amount of water to the cloth in a controlled manner. By contrast, the Agency interrogator . . . applied large volumes of water to a cloth that covered the detainee's mouth and nose."

Bradbury said the inspector general reported: "OMS contends that the expertise of the SERE psychologist/interrogators on the waterboard was probably misrepresented at the time, as the SERE waterboard experience is so different from the subsequent Agency usage as to make it almost irrelevant."

Then the final internal coup de grace: they tortured people they weren't sure knew anything that could be gotten from torture:

"According to the IG Report, the CIA, at least initially, could not always distinguish detainees who had information but were successfully resisting interrogation from those who did not actually have information," Bradbury wrote in his May 30, 2005, memo. "On at least one occasion, this may have resulted in what might be deemed in retrospect to have been the unnecessary use of enhanced techniques.

The case for a war crime prosecution is at this point overwhelming.

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