Colonel Hogan
Madness
- Joined
- Sep 16, 2005
- Posts
- 18,372
Your own post makes it clear that the Bush administration "temporarily suspended" the interrogation program in 2006 as a result of the Detainee Treatment Act (DTA) passed in December of 2005. The DTA limited interrogation techniques for prisoners under control of the Department of Defense specifically to those techniques described in the Army Field Manual on Intelligence Interrogation.
Furthermore, section 1003(a) prohibited "cruel, inhuman or degrading treatment or punishment of persons under custody or control" of the United States generally.
It defined those terms as follows:
(d) Cruel, Inhuman, or Degrading Treatment or Punishment Defined- In this section, the term `cruel, inhuman, or degrading treatment or punishment' means the cruel, unusual, and inhumane treatment or punishment prohibited by the Fifth, Eighth, and Fourteenth Amendments to the Constitution of the United States, as defined in the United States Reservations, Declarations and Understandings to the United Nations Convention Against Torture and Other Forms of Cruel, Inhuman or Degrading Treatment or Punishment done at New York, December 10, 1984. http://jurist.law.pitt.edu/gazette/2005/12/detainee-treatment-act-of-2005-white.php
Prior to passage of the DTA, the Bush administration had already been backing away from enhanced interrogations. It hadn't used waterboarding since 2003.
The phrase "temporarily suspended" implies that the CIA interrogation program was somehow re-implemented prior to Obama taking office.
It wasn't. Simply not true.
Thus, Obama's Executive Order 13491 of January 22, 2009 which supposedly "outlawed torture" was mostly smoke and very little fire. It didn't do anything which really had not already been done. It did reference a more recent version of the Army Field Manual than had been relied upon by the DTA, and it did close CIA detention facilities abroad.
But any interrogation remotely resembling "torture" had long been outlawed by the DTA -- which George Bush signed into law.
Besides, it's not like Barack really, really meant it. In a classic example of government doublespeak, President Obama, in the very same executive order that restricted interrogation techniques to those described in Army Field Manual 2 22.3, established a Special Interagency Task Force on Interrogation and Transfer Policies to study the matter and advise him on whether the first half of EO 13491 was really that good of an idea after all.
Specifically, he said:
e) Mission. The mission of the Special Task Force shall be:
(i) to study and evaluate whether the interrogation practices and techniques in Army Field Manual 2 22.3, when employed by departments or agencies outside the military, provide an appropriate means of acquiring the intelligence necessary to protect the Nation, and, if warranted, to recommend any additional or different guidance for other departments or agencies; and
(ii) to study and evaluate the practices of transferring individuals to other nations in order to ensure that such practices comply with the domestic laws, international obligations, and policies of the United States and do not result in the transfer of individuals to other nations to face torture or otherwise for the purpose, or with the effect, of undermining or circumventing the commitments or obligations of the United States to ensure the humane treatment of individuals in its custody or control.
Guess what? The Task Force reported back to the President with its recommendations this past August. The Task Force assured the President, after consulting with the "most experienced and skilled" interrogators, that the provisions of Army Field Manual 2 22.3 were just fine for interrogations, thank you, and that no "additional or different guidance" was necessary.
Uh.....sort of.
"The Task Force concluded, however, that the United States could improve its ability to interrogate the most dangerous terrorists by forming a specialized interrogation group, or High-Value Detainee Interrogation Group (HIG), that would bring together the most effective and experienced interrogators and support personnel from across the Intelligence Community, the Department of Defense and law enforcement. The creation of the HIG would build upon a proposal developed by the Intelligence Science Board.
To accomplish that goal, the Task Force recommended that the HIG should coordinate the deployment of mobile teams of experienced interrogators, analysts, subject matter experts and linguists to conduct interrogations of high-value terrorists if the United States obtains the ability to interrogate them. The primary goal of this elite interrogation group would be gathering intelligence to prevent terrorist attacks and otherwise to protect national security. Advance planning and interagency coordination prior to interrogations would also allow the United States, where appropriate, to preserve the option of gathering information to be used in potential criminal investigations and prosecutions.
The Task Force recommended that the specialized interrogation group be administratively housed within the Federal Bureau of Investigation, with its principal function being intelligence gathering, rather than law enforcement. Moreover, the Task Force recommended that the group be subject to policy guidance and oversight coordinated by the National Security Council.
The Task Force also recommended that this specialized interrogation group develop a set of best practices and disseminate these for training purposes among agencies that conduct interrogations. In addition, the Task Force recommended that a scientific research program for interrogation be established to study the comparative effectiveness of interrogation approaches and techniques, with the goal of identifying the existing techniques that are most effective and developing new lawful techniques to improve intelligence interrogations."
http://www.justice.gov/opa/pr/2009/August/09-ag-835.html
Does it get any more hilarious? Immediately, after saying that no "additional or different guidance" was necessary, the Task Force advocates the HIG.
Secondly, the HIG's objective of gathering intelligence (mentioned TWICE) rather than law enforcement is hardly an accidental distinction. It implies an interrogation that, at the very least, is coercive in nature and might not withstand the due process requirements necessary for a successful criminal conviction.
Finally, -- and this is the very BEST part -- the Task Force recommends that the HIG develop and "disseminate to other agencies that conduct interrogations" a set of "BEST PRACTICES" that are scientifically verifiable as to their effectiveness. Hah! So much for those bumbling Bush amateurs. Leave it to Obama to take the guess work out of "torture."
But, hey, if it gets ya some good intelligence, right? Well, duuuuuhhhh. That's what the previous administration was trying to do, dumbasses!
The Task Force's concern for detainees transferred to other countries was equally touching. In order to ensure that such individuals are not tortured, the Task Force came up with this gem:
"The Task Force also made several recommendations aimed at improving the United States’ ability to monitor the treatment of individuals transferred to other countries. These include a recommendation that agencies obtaining assurances from foreign countries insist on a monitoring mechanism, or otherwise establish a monitoring mechanism, to ensure consistent, private access to the individual who has been transferred, with minimal advance notice to the detaining government."
Yeah, good luck with that. And if the receiving country tells you to shove your "monitoring mechanism" up your ass, do you transfer anyway? No? Yes? Maybe? Yeah. I'm guessing "maybe" works.
In short, BB, Bush had backed off enhanced interrogations long before Barack Obama hypocritically used the issue to win a Nobel Peace Prize.
And contrary to what he would like you and everyone else to believe, Barack Obama has reserved the right to reinstate the practice of enhanced interrogations anytime he wants.
Most probably right after the next successful attack on America.
Update no. 1: For those who did not know (I sure didn't), the High Value Detainee Interrogation Group (HIG) referenced above was, in fact, enacted by Executive Order on August 24, 2009. "One national security official said this new interrogation group will be focused on intelligence gathering and will not be reading Miranda rights to captured terrorism suspects." http://blogs.abcnews.com/politicalpunch/2009/08/white-house-confirms-president-signed-off-on-interrogation-group.html
Update no. 2: For those who have been wondering why the Detroit Christmas bomber was not held for trial by military tribunal, Director of National Intelligence, Dennis Blair agrees with you that he should have been. Blair told the Senate Homeland Security Committee today that he was not consulted on whether Abdulmutallab should be questioned by the recently created High-Value Detainee Interrogation Group, or HIG.
"That unit was created exactly for this purpose," Blair said. "We did not invoke the HIG in this case. We should have."
http://newsmax.com/InsideCover/US-Terror-Hearings/2010/01/20/id/347448
In short, we just didn't fuck up letting the idiot ON the plane. We fucked up taking him OFF.