
(photo: Truthout.org)
As part of a follow-up from the CIA’s destruction of torture videotapes, the American Civil Liberties Union (ACLU) has been working to force the CIA to release cables that describe how the agency used waterboarding. The CIA asserts the Freedom of Information Act (FOIA) lawsuit should not induce the release of documents because waterboarding involves “intelligence methods” that should not be revealed. But, the ACLU disputes that argument and points out waterboarding is illegal so the cables should not be protected from release.
On March 9, the ACLU will be appearing in a federal appeals court to argue against the CIA’s efforts to, as ACLU attorney Alexander Abdo says, “prevent the public from learning the full scope of the torture program.”
The ACLU reports the “CIA identified 580 documents that describe what the tapes depicted, but it has refused to release them. The agency is also refusing to release a photo of one of the detainees, Abu Zubaydah, apparently taken around the time he was being interrogated.”
A “reply brief” filed in response to the government’s attempt to block the release of the cables calls attention to the key issue, which is that the government is trying to avoid transparency by arguing that details on an “unlawful activity” should be withheld from the public. The reply notes there is no “instance” the ACLU is aware of “in the history of FOIA,” where an agency claimed an illegal activity was an “intelligence method” so it should be kept secret.
On the Zubaydah photo, the brief charges that the CIA continues to “fabricate” explanations to justify keeping the photo secret but the statements raise doubts as to whether the photo even happens to show a protected “intelligence method” or activity being used on Zubaydah.
The government’s response challenging the ACLU argues the lawsuit involves “extraordinarily sensitive, classified information,” which includes:
(1) documents reflecting the CIA’s use of enhanced interrogation techniques (including waterboarding) on detainees in CIA custody at clandestine overseas facilities (the “interrogation records”); (2) an operational photograph of high-value detainee Abu Zubaydah, taken while he was detained in CIA custody overseas; and (3) information in two OLC memoranda pertaining to a highly classified, active intelligence method
The government makes the tired argument that the disclosure could “cause grave national security harm.” They also argue “the legality of government action is ‘beyond the scope’ of FOIA.” That line suggests that there is, in fact, a debate on whether waterboarding is illegal or not. There is no debate. Waterboarding is a war crime.
Additionally, the government writes in “factual background” for the case that the “government has released numerous records discussing” torture or “Enhanced Interrogation Techniques (“EITs”), including waterboarding.” They note “on January 22, 2009, President Obama issued an Executive Order,” which terminated “the CIA’s detention and interrogation program” and mandated that “individuals in United States custody ‘shall not be subjected to any interrogation technique or approach, or any treatment related to interrogation, that is not authorized by and listed in the Army Field Manual.’” Both of these citations are intended to excuse the Obama Administration’s desire to err on the side of secrecy.
That documents have been released already on torture or war crimes is no excuse to keep secret further details on a government agency’s employment of torture to collect intelligence.
No former Bush Administration officials have been held accountable for committing illegal acts of torture. Not a single one of the torture memo authors, like Jay Bybee, Steven Bradbury or John Yoo, have been put on trial. Essentially, all involved in torture have enjoyed impunity and torture has been essentially decriminalized as the Obama Administration refuses to fully pursue prosecutions.
The government’s challenge to ACLU’s FOIA action is just another example of the Obama Administration’s unwillingness to investigate how the torture program originated, compensate torture survivors and hold accountable those who granted permission to interrogators to use torture.
A consensus has emerged that Obama Administration is worse on FOIA than the Bush Administration. In a recent interview, NSA whistleblower Thomas Drake finds Obama has expanded the secrecy regime far beyond what Bush ever intended.
But, the Administration does not just block documents. It also sends high-ranking officials to make speeches in lieu of transparency. For example, on March 5, Attorney General Eric Holder delivered a policy speech on the legality of the US government’s targeted killing programs. The speech was a cheap attempt at feigning transparency and only increased interest in the contents of legal memos drafted to provide justification for killing without charge or trial US citizens suspected of terror abroad.
The government’s continued battles against transparency are appalling. Like Abdo says, “The Obama administration should fulfill its commitment to transparency and release these additional documents. The American public has a right to know the full truth about the torture that was committed.”



22 Comments

“The American public has a right to know the full truth about the torture that was committed” … IN the NAME of that public.
Every single American citizen is accountable for what was done … IN their name … accountable, not merely to themselves and to every other citizen of the United States of America… but to each and every other citizen of the world … there is NO time limit nor statute of limitation on such accountability …
Further, the government of the United States of America engaged in this unconscionable behavior without even the merest CONSENT or knowledge of the the people, the “governed”, and it presumes, now, to keep hidden and secret the full truth of that behavior, compounding the criminal aspect of that behavior and, thereby, extending the risk, henceforth, faced by EVERY American citizen … while making noble claims for its current actions, that government simply adds to the already shameful and despicable behavior, another layer of mendacious and self-serving deceit.
Thank you, Kevin.
I hope this post might be front-paged.
It deserves no less.
DW
If I may, Kevin’s article AND your comment should be printed on the front page of every newspaper in the country.
THIS and the recent “extra-judicial” execution carried out by this administration are repugnant and reprehensible.
You have some pull. It was just front paged.
There is very little difference between Orwell’s 1984 newspeak and our Governments Speaknew. No one in Government seems to represent the American people in even a passing sense. We only benefit as collateral beneficiaries. The new Democracy is the greatest good for the greatest people (and the greatest people are the PTB)
“Every single American citizen is accountable for what was done” — a point I made time and again to my electeds including then Senator Clinton. And now with a Democratic President, congressional accountability is even more remote.
Kavin, Do you have any sense of how quickly this case is likely to proceed?
Kevin, Are there any FDL approved Candidates running for office this November. Does FDL have a mechanism for approving a Candidate. Could we have a Nordquistlike litmus test they could sign (I’m thinking the Constitution might work with the Bill of Rights)? I’m voting for Jill Stein for Pres. but this is getting untenable to even hope the system will work fairly or honestly for the average Citizen. Don’t you think?
If I was going to track candidates, I would do something like the ACLU does with their Liberty Watch report card and chart the positions of candidates running for office. I suppose this could happen at state and federal levels. But, I would rather stick to unpacking the issues and exposing government.
There was Blue America and Act Blue. FDL was associated with them & encouraged supporting the selected candidates. We got burned bigtime bc if they got elected they abandoned any semblance of progressivity before the plane’s wheels touched ground in D.C.
What I’m saying is exposing crimes and misdemeanors, waste and corruption as well as hypocrisy only goes so far. I didn’t intend to add it to your list of duties but wondered if it had been discussed or proposed . I think the ranks of FDL will grow exponentially in the near future but that is unfortunately from my increasingly cynical and pessimistic outlook for where the present is going to take us. Maybe an enlightenment will occur and change will come from exposure. Right now our Democratic Pres is protecting his predecessor who admitted outright he tortured.
Then, I would say I am all for doing my part to advance agendas that involve addressing systemic problems in government, including campaigns for electoral reform.
Obama is just the new, improved version of “W”. “W” with rhetorical skills. Many of his policies make Bush look like a piker. He’s a disgrace to his race, the human race. He doesn’t care because, like Clinton before him, he’s been adopted, co-opted by Poppy and the Bush crime family.
Agree wholeheartedly, I guess that’s why I am losing hope (how audacious of me). War in Afghanistan, Drone warfare anywhere he wants, XL pipeline will be approved right after November it looks like, surrounded by elite bankers and billionaires, nuclear power plants being approved without Fukashima safeguards, Big pharma deal before HCR, bank foreclosure bailout, student loan bailout, and no criminal prosecutions for anything substantive. He not only has better rhetorical skills but he is an overachiever compared to W.
Torture/ Murder/ Treason
The Murder statute doesn’t run out until you enter the grave , george jr and his right hand man dick .
Don’t know how much “in charge” Bush was compared to that dick Cheney.
I am not so much afraid of what Obama will do as I am what he won’t do. He hasn’t prosecuted the thieving banksters, he hasn’t stood up for the Occupy movement or recognized their grievances, he hasn’t stopped anything going at Gitmo, he hasn’t stuck up for the 99%, he hasn’t given us the change he promised. I could go on…..
They both were good at doing what they were told by the PtB. Cheney’s Energy Task Force, for example. Oil companies telling Cheney how to divide up Iraq.
I used to think “W” was a fool and that Cheney/Rumsfeld was completely in charge until I remembered seeing him selling access to Poppy in Fahrenheit 9/11 without his “folksy” act. He played the fool quite well when it suited his purposes.
Saw a clip on TV last night, “Democracy Now” I think, that showed Obama excoriating politicians who didn’t keep their campaign promises. He really takes hypocrisy to new heights.
Indeed…real pot/kettle moment….huh?
The Government wants to hide a lot of things. That is why I say if it were not for Wikileaks we would not know that our military was targeting journalists and civilians. There is not a single issue that they are not hiding something on. Take this one for example and tell me how these people live with themselves after keeping dying and pain riddled humans from having a small amount of comfort.
http://www.republicreport.org/2012/exclusive-why-cant-you-smoke-pot-because-lobbyists-are-getting-rich-off-of-the-war-on-drugs/
I’m so sick of hearing about all of the awful stuff that the CIA has done in our names and in secret. This is a rogue agency that has not only been involved in overthrowing democratically elected governments but are implicated in the assassination of a U.S. President and in meddling to insure the election of another. This agency needs to be disbanded and the files opened to the light of day. The American people would be horrified to know the terrible behavior of this terrorist organization.
Your work is good and important Kevin but in your lifetime, under the present system, you will not see much of a change. Real change will not occur until such time as we the people take back our government. The only way that is going to happen is “in your face” actions, i.e. OWS. For instance we have to elect critters that will commit to good government and will not sell us out “before the wheels touch down” as Ecan correctly notes. When we can force the impeachment of Roberts et al, the dismissal of the likes of Holder and most other corrupts, and either get in Obama’s face or get him impeached then the critters are going to be scared of losing their gravy train. Until such time as we extract some real pain in these assholes nothing of substance is going to take place. DW is correct. The corruption, loss of the bill of rights and the extra-constitutional conduct is squarely on our watch and we, the citizens, are responsible and until such time as we physically take back our dysfunctional and corrupt government nothing of substance will change. I am personally hoping that there will be an “American Spring” which will originate with OWS. The young people who have more at stake than the older people will be leading this action with old farts like myself cheering them on and doing what we can to assist. Thanks again for your good work Kevin. It is very important.
Actually, I have been pursuing the crimes of the US government, especially in regards to torture and extrajudicial killings. Perhaps it is because I recently uncovered possible evidence of murder at Guantanamo that the media has been so silent on this. However just today Eurasia Review reprinted Andy Worthington’s article on my recent investigation, and the UN rapporteur on extrajudicial killings has taken notice.
You are correct there is no statute of limitation for murder.
Was Abdul Rahman Al Amri, who the govt hid was found hanged with his hands behind his back, murdered? Was Mohammad Al Hanashi, whose ligature used in his strangling death went missing upon autopsy examination, murdered?
Read more at original Truthout investigation: http://www.truth-out.org/recently-released-autopsy-reports-heighten-guantanamo-suicides-mystery/1330542864
Murder will out. The failure of govt officials, the disinterest of the press and blogosphere will not deter me from reporting the truth.
Good for you. I must say, however, that there probably is no mystery in why or how they and others died. The mystery is who did it: guards, interrogators, special teams?