CIA asks Justice Dept. to investigate spying on Senate

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Re: CIA asks Justice Dept. to investigate spying on Senate

Postby seemslikeadream » Sat Mar 22, 2014 4:49 pm

Details of Illegal Torture That the CIA Doesn't Want You to Know About
Senate staffers say the agency tortured prisoners in ways that went beyond what the Bush-era DOJ approved, according to an Al-Jazeera America report.
CONOR FRIEDERSDORFMAR 20 2014, 6:54 AM ET

The Senate report on CIA torture is still being suppressed. But details are leaking out, according to a report by Jason Leopold. Citing Intelligence Committee staffers, he writes that "at least one high-value detainee was subjected to torture techniques that went beyond those authorized by George W. Bush's Justice Department." In addition, "harsh measures authorized by the Department of Justice had been applied to at least one detainee before such legal authorization was received."

The notion that Bush-era interrogations were lawful has always been highly dubious. This latest news plucks away even the fig leaf afforded by Bush Administration attorneys. Some say it would be unfair to prosecute anyone told that a tactic was permitted.

Will they call for a criminal investigation of these incidents?

The CIA seems to agree that these details are important. It is seeking new assurances that the report won't lead to criminal investigations, according to Leopold's sources:

When Panetta briefed CIA employees on March 16, 2009, about the Senate Intelligence Committee’s review, he said Feinstein and her Republican counterpart, Kit Bond of Missouri, had “assured” him “that their goal is to draw lessons for future policy decisions, not to punish those who followed guidance from the Department of Justice.”

But now that some of the report’s conclusions suggest that some of the techniques used on Abu Zubaydah and other captives either went beyond what was authorized by the Justice Department or were applied before they had been authorized, the congressional staffers and U.S. officials who spoke to Al Jazeera said CIA officials are seeking further assurances against any criminal investigation.

Thus far, no such assurances have been given, according to Al Jazeera’s sources, nor is there any indication that the Senate Intelligence Committee’s report would prompt a criminal investigation.
Any agreement to refrain from investigating torture as a criminal offense would itself violate the law. The UN Convention Against Torture, signed by Ronald Reagan and later ratified by the U.S. Senate, compels signatories to investigate torture and "submit the case to its competent authorities for the purpose of prosecution."

Perhaps the U.S. will one day adhere to the law.
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Re: CIA asks Justice Dept. to investigate spying on Senate

Postby seemslikeadream » Mon Mar 31, 2014 10:42 pm

CIA misled on interrogation program, Senate report says

By Greg Miller, Adam Goldman and Ellen Nakashima, Monday, March 31, 6:37 PM E-mail the writers
A report by the Senate Intelligence Committee concludes that the CIA misled the government and the public about aspects of its brutal interrogation program for years — concealing details about the severity of its methods, overstating the significance of plots and prisoners, and taking credit for critical pieces of intelligence that detainees had in fact surrendered before they were subjected to harsh techniques.

The report, built around detailed chronologies of dozens of CIA detainees, documents a long-standing pattern of unsubstantiated claims as agency officials sought permission to use — and later tried to defend — excruciating interrogation methods that yielded little, if any, significant intelligence, according to U.S. officials who have reviewed the document.

“The CIA described [its program] repeatedly both to the Department of Justice and eventually to Congress as getting unique, otherwise unobtainable intelligence that helped disrupt terrorist plots and save thousands of lives,” said one U.S. official briefed on the report. “Was that actually true? The answer is no.”

Current and former U.S. officials who described the report spoke on the condition of anonymity because of the sensitivity of the issue and because the document remains classified. The 6,300-page report includes what officials described as damning new disclosures about a sprawling network of secret detention facilities, or “black sites,” that was dismantled by President Obama in 2009.

Classified files reviewed by committee investigators reveal internal divisions over the interrogation program, officials said, including one case in which CIA employees left the agency’s secret prison in Thailand after becoming disturbed by the brutal measures being employed there. The report also cites cases in which officials at CIA headquarters demanded the continued use of harsh interrogation techniques even after analysts were convinced that prisoners had no more information to give.

The report describes previously undisclosed cases of abuse, including the alleged repeated dunking of a terrorism suspect in tanks of ice water at a detention site in Afghanistan — a method that bore similarities to waterboarding but never appeared on any Justice Department-
approved list of techniques.

U.S. officials said the committee refrained from assigning motives to CIA officials whose actions or statements were scrutinized. The report also does not recommend new administrative punishment or further criminal inquiry into a program that the Justice Department has investigated repeatedly. Still, the document is almost certain to reignite an unresolved public debate over a period that many regard as the most controversial in CIA history.

A spokesman for the CIA said the agency had not yet seen a final version of the report and was, therefore, unable to comment.

Current and former agency officials, however, have privately described the study as marred by factual errors and misguided conclusions. Last month, in an indication of the level of tension between the CIA and the committee, each side accused the other of possible criminal violations in accessing each other’s computer systems during the course of the probe.

The Senate Intelligence Committee is expected to vote Thursday to send an executive summary of the report to Obama for declassification. U.S. officials said it could be months before that section, which contains roughly 20 conclusions and spans about 400 pages, is released to the public.


The report’s release also could resurrect a long-standing feud between the CIA and the FBI, where many officials were dismayed by the agency’s use of methods that Obama and others later labeled torture.

CIA veterans have expressed concern that the report reflects FBI biases. One of its principal authors is a former FBI analyst, and the panel relied in part on bureau documents as well as notes from former FBI agent Ali Soufan. Soufan was the first to interrogate Zayn al-Abidin Muhammed Hussein, the suspected al-Qaeda operative better known as Abu Zubaida, after his capture in Pakistan in 2002 and has condemned the CIA for water­boarding a prisoner he considered cooperative.

The Senate report is by far the most comprehensive account to date of a highly classified program that was established within months of the Sept. 11, 2001, attacks, a time of widespread concern that an additional wave of terrorist plots had already been set in motion.

‘Damaging’ misstatements

Several officials who have read the document said some of its most troubling sections deal not with detainee abuse but with discrepancies between the statements of senior CIA officials in Washington and the details revealed in the written communications of lower-level employees directly involved.

Officials said millions of records make clear that the CIA’s ability to obtain the most valuable intelligence against al-Qaeda — including tips that led to the killing of Osama bin Laden in 2011 — had little, if anything, to do with “enhanced interrogation techniques.”

The report is divided into three volumes — one that traces the chronology of interrogation operations, another that assesses intelligence officials’ claims and a third that contains case studies on virtually every prisoner held in CIA custody since the program began in 2001. Officials said the report was stripped of certain details, including the locations of CIA prisons and the names of agency employees who did not hold ­supervisor-level positions.


One official said that almost all of the critical threat-related information from Abu Zubaida was obtained during the period when he was questioned by Soufan at a hospital in Pakistan, well before he was interrogated by the CIA and waterboarded 83 times.

Information obtained by Soufan, however, was passed up through the ranks of the U.S. intelligence community, the Justice Department and Congress as though it were part of what CIA interrogators had obtained, according to the committee report.

“The CIA conflated what was gotten when, which led them to misrepresent the effectiveness of the program,” said a second U.S. official who has reviewed the report. The official described the persistence of such misstatements as among “the most damaging” of the committee’s conclusions.

Detainees’ credentials also were exaggerated, officials said. Agency officials described Abu Zubaida as a senior al-Qaeda operative — and, therefore, someone who warranted coercive techniques — although experts later determined that he was essentially a facilitator who helped guide recruits to al-Qaeda training camps.

The CIA also oversold the role of Abd al-Rahim al-Nashiri in the 2000 bombing of the USS Cole in Yemen, which killed 17 U.S. sailors. CIA officials claimed he was the “mastermind.”

The committee described a similar sequence in the interrogation of Hassan Ghul, an al-Qaeda operative who provided a critical lead in the search for bin Laden: the fact that the al-Qaeda leader’s most trusted courier used the moniker “al-Kuwaiti.”

But Ghul disclosed that detail while being interrogated by Kurdish authorities in northern Iraq who posed questions scripted by CIA analysts. The information from that period was subsequently conflated with lesser intelligence gathered from Ghul at a secret CIA prison in Romania, officials said. Ghul was later turned over to authorities in Pakistan, where he was subsequently released. He was killed by a CIA drone strike in 2012.

Sen. Dianne Feinstein (D-Calif.), chairman of the Senate Intelligence Committee, has previously indicated that harsh CIA interrogation measures were of little value in the bin Laden hunt.


“The CIA detainee who provided the most significant information about the courier provided the information prior to being subjected to coercive interrogation techniques,” Feinstein said in a 2013 statement, responding in part to scenes in the movie “Zero Dark Thirty” that depict a detainee’s slip under duress as a breakthrough moment.

Harsh detainee treatment

If declassified, the report could reveal new information on the treatment of a high-value detainee named Ali Abdul Aziz Ali, the nephew of Khalid Sheik Mohammed, the self-proclaimed mastermind of the Sept. 11 attacks. Pakistan captured Ali, known more commonly as Ammar al-Baluchi, on April, 30, 2003, in Karachi and turned him over to the CIA about a week later. He was taken to a CIA black site called “Salt Pit” near Kabul.

At the secret prison, Baluchi endured a regime that included being dunked in a tub filled with ice water. CIA interrogators forcibly kept his head under the water while he struggled to breathe and beat him repeatedly, hitting him with a truncheon-like object and smashing his head against a wall, officials said.

As with Abu Zubaida and even Nashiri, officials said, CIA interrogators continued the harsh treatment even after it appeared that Baluchi was cooperating. On Sept. 22, 2003, he was flown from Kabul to a CIA black site in Romania. In 2006, he was taken to the U.S. military prison at Guantanamo Bay, Cuba. His attorneys contend that he suffered head trauma while in CIA custody.

Last year, the Senate Intelligence Committee asked Baluchi’s attorneys for information about his medical condition, but military prosecutors opposed the request. A U.S. official said the request was not based solely on the committee’s investigation of the CIA program.

Two other terrorism suspects, from Libya — Mohammed al-Shoroeiya and Khalid al-Sharif — endured similar treatment at Salt Pit, according to Human Rights Watch. One of the men said CIA interrogators “would pour buckets of very cold water over his nose and mouth to the point that he felt he would suffocate. Icy cold water was also poured over his body. He said it happened over and over again,” the report says. CIA doctors monitored the prisoners’ body temperatures so they wouldn’t suffer hypothermia.


The CIA denies waterboarding them and says it used the technique on only three prisoners.

The two men were held at Salt Pit at the same time as Baluchi, according to former U.S. intelligence officials.

Officials said a former CIA interrogator named Charlie Wise was forced to retire in 2003 after being suspected of abusing Abu Zubaida using a broomstick as a ballast while he was forced to kneel in a stress position. Wise was also implicated in the abuse at Salt Pit. He died of a heart attack shortly after retiring from the CIA, former U.S. intelligence officials said.
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Re: CIA asks Justice Dept. to investigate spying on Senate

Postby justdrew » Mon Mar 31, 2014 11:07 pm

they need to fire and revoke the pension of every lying psychopath involved.
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Re: CIA asks Justice Dept. to investigate spying on Senate

Postby seemslikeadream » Tue Apr 01, 2014 11:22 am

:10 AM, APRIL 1 2014
New Senate Intelligence Report Nails C.I.A. for Lying About Torture
by Michael Hogan

This just in: Torture doesn't work

That’s the message of a 6,300-page report prepared by the Senate Intelligence Committee, which will vote Thursday on whether to forward an executive summary to President Obama.

The report is said to contain damning information about the C.I.A.'s creepy fetish for "harsh interrogation techniques," which people not employed by the Agency tend to refer to as torture.

The C.I.A., according to a Washington Post summary of the report, misrepresented its activities to the civilian government that’s supposed to keep it in check in three major ways: by hiding some of its most abusive “techniques,” by inflating the importance of the people they abused and the plots they desperately described, and by taking credit for intelligence that was divulged not during harsh interrogations but under traditional questioning.

Some of the report's findings, including details about a vast network of “black sites” located around the world, are new. Much of this, however, has been known for quite some time.

Way back in 2007, Katherine Eban published an article on VF.com titled “Rorschach and Awe,” describing the way Agency operatives, under direct orders from Director George Tenet, had interrupted a successful, rapport-based F.B.I. interrogation of al-Qaeda flunky Abu Zubaydah, so they could introduce a new set of bizarre tactics that would “get him to reveal everything by severing his sense of personality and scaring him almost to death.”

The only trouble was, Zubaydah had coughed up all his best information during the friendly F.B.I. interrogation. No matter: to defend its new tactics, the C.I.A. just lied and took all the credit.

If you're wondering why people in the know got so upset at the 2012 film Zero Dark Thirty, with its depiction of haunted but well-meaning patriots pushing moral boundaries in pursuit of actionable intelligence, this is your answer. The movie portrayed torture as a necessary evil, when in fact it was more like a warped fraternity ritual—or a crime ring.

Worst of all, there is ample evidence—obvious to anyone not actively trying to justify practicing it—that torture simply doesn't work. People will say anything when they’re being dunked in ice water or having their head bashed against a wall, which means that torture produces a windfall of fabrications and false leads.

In a story published in the December 2008 issue of Vanity Fair, David Rose describes how Abu Zubaydah, having suffered weeks of torture, served up a bogus story about a dirty-bomb plot that sent the C.I.A. fanning out in search of new suspects to waterboard and otherwise mistreat. And so the cycle continued—at taxpayer expense, naturally.

September 11, the Bush years, and even the wars in Iraq and Afghanistan may be receding into history, but the Senate’s report will be relevant as long as there are Americans who, misled by a steady diet of cop shows and the occasional Oscar contender, continue to believe that, however morally repugnant it may be, torture works.

It doesn't, and there’s a 6,300-page document circulating on Capitol Hill that proves it.
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Re: CIA asks Justice Dept. to investigate spying on Senate

Postby seemslikeadream » Wed Apr 02, 2014 10:17 am

SENATE CIA TORTURE REPORT COULD THROW GITMO HEARINGS INTO CHAOS
JANET HAMLIN / EPA
Release of study on detention program might further disrupt military commissions for terrorist suspects at Guantánamo
April 1, 2014 7:00AM ET
by Jason Leopold @JasonLeopold
The possible declassification and release of a Senate report into the CIA’s detention and interrogation program — begun in the wake of the 9/11 terrorist attacks — could have a huge impact on the controversial military tribunals happening at Guantánamo Bay, experts and lawyers believe.

The proceedings have been moving at a snail’s pace at the U.S.-held military base on the island of Cuba, amid widespread condemnation that they are being held in a legal limbo and outside the U.S. criminal justice system.

Details surrounding the CIA’s activities have been one of the most contentious issues concerning the commissions at Guantánamo, where the alleged mastermind of the 9/11 attacks, Khalid Sheikh Mohammed, and his co-defendants are on trial. Their alleged treatment while in CIA custody has been a key stumbling block in the hearings’ progress. The same goes for the man alleged to be behind the USS Cole bombing, Abd al-Rahim al-Nashiri, another former CIA captive.

In both cases, there have been dozens of delays — mainly due to the fact that the attorneys have been battling military prosecutors over access to classified information about the CIA interrogation program that the attorneys want to use as evidence. Both cases have been dragging on for two years and are still in the pretrial evidentiary phase.

But now that the Senate Intelligence Committee appears set to vote on releasing its long-awaited 6,300-page, $50 million study — or at least some portion of it — the defense attorneys will finally get the opportunity to talk openly at the military commissions about torture. That could prove disastrous for military prosecutors. According to defense attorneys and human rights observers who have been monitoring the proceedings, it might also derail the government’s attempts to convince a jury that the detainees, if convicted, deserve to be executed.

“The U.S. government has gone to great lengths to classify evidence of crimes — crimes committed by U.S. actors,” said Army Maj. Jason Wright, one of Mohammed’s military defense attorneys. “Were this information in this Senate report to be revealed … it would completely gut the classification architecture currently in place before the commissions.”

The panel is expected to vote April 3, and it is widely believed the panel will approve release of its 400-page executive summary. If that happens, Wright said, he anticipates petitioning the military court to amend the protective order that treats all information about the CIA torture program as classified.

Now that the Senate Intelligence Committee appears set to vote on releasing its long-awaited 6,300-page, $50 million study, the defense attorneys will finally get the opportunity to talk openly at the military commissions about torture.
The report is likely to contain reams of information that has not yet come to light. Intelligence Committee Chairwoman Sen. Dianne Feinstein has said the report “includes details of each detainee in CIA custody, the conditions under which they were detained, how they were interrogated, the intelligence they actually provided and the accuracy — or inaccuracy — of CIA descriptions about the program to the White House, Department of Justice, Congress and others.”

Wright said that in addition to seeking a change to the protective order, he would file discovery motions to gain access to the 6.2 million pages of documents the Senate had. Such a move would lead to further legal wrangling and delay the start of the trial, which the government hopes will get underway in September.

“We have an absolute right to review that and have it produced in discovery,” Wright said.

Richard Kammen, al-Nashiri’s civilian defense attorney, meanwhile, has already filed a motion with the military court to obtain a complete, unredacted copy of the Senate Intelligence Committee’s report.

The motion, submitted in September prior to the revelations that have surfaced about infighting between the CIA and Senate committee investigators, said the report “will be central to the accused’s defense on the merits, in impeaching the credibility of the evidence against him and in mitigation of the death sentence the government is seeking to impose.”

If the entire report were declassified by the Intelligence Committee, it “would be huge because it would really eliminate the ‘need’ for military commissions, which are in my view mainly a vehicle to have what will look like trials but will keep whatever evidence of torture the judge ultimately allows secret from or sanitized to the public,” Kammen said.

[Military commissions are] mainly a vehicle to have what will look like trials but will keep whatever evidence of torture the judge ultimately allows secret from or sanitized to the public.
Richard Kammen
Nashiri’s defense attorney
But not everyone expects the report to be released in great detail. Air Force Capt. Michael Schwartz, the attorney for alleged 9/11 co-conspirator Walid bin Attash, doesn’t believe the Senate committee’s report will ever see the light of day. If it is released, he said it will be highly redacted, rendering it useless to the public and Attash’s defense team.

“This whole military commissions system is designed to make sure this information is never known to the public,” Schwartz said. “No one in my office is naive enough to think this report will come out in any unredacted form. Certainly that report contains a lot of mitigating information that would be relevant to the defense of this case. But I don’t believe for a second that we will see anything in that report that actually sheds light on the crimes committed by the CIA against our clients between 2003 and 2006.”

Air Force Col. Morris Davis, the former chief prosecutor at Guantánamo and a staunch critic of the military commissions, doesn’t believe the Senate committee’s report “is legally relevant” to the military commission trial of Mohammed and the other high-value detainees. But he does believe it will force the hearings more into the public.

“Where I do think it will have an impact is in the assessment of whether those legal relevance proceedings take place in open court or in secret closed sessions,” he said. “The report is likely to officially reinforce and amplify what the public already knows about this regrettable chapter in our history. It should further undercut the government’s claim that all this absolutely must stay hidden behind closed doors or else cataclysmic things will happen.”

Army. Lt. Col. Todd Breasseale, a Pentagon spokesman who deals with detainee matters at Guantánamo, declined to discuss the Senate report or how its release may affect the commissions.

"I can't imagine a world where competent counsel — be they from the government or defense — would announce in advance, any strategy they might pursue or make predictions on how any given issue might affect the progress of their case," Breasseale said.

Daphne Eviatar, a lawyer for Human Rights First who has closely observed and written about the military commission proceedings, said whether the Senate’s report is a game changer will ultimately depend on what is declassified. Perhaps details of the interrogations will be released, or they may be heavily redacted.

“Either way, you can be sure the defense lawyers will try to reopen this issue, and the government will fight it, and the case will get bogged down once again in months of argument in pretrial hearings that are already taking forever,” she said.
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Re: CIA asks Justice Dept. to investigate spying on Senate

Postby seemslikeadream » Thu Apr 03, 2014 9:39 am

CIA torture report to remain largely secret despite declassification vote
• Senate committee will vote to declassify 6,300-page report
• White House would review process with spy agency's input

Spencer Ackerman in Washington
theguardian.com, Wednesday 2 April 2014 10.30 EDT


As a Senate committee moves to declassify a landmark report about the Central Intelligence Agency’s descent into torture, among the only certainties is that the public won’t see the vast majority of it.

The Senate select committee on intelligence has waged an unprecedented and acrimonious public battle with the CIA over a secret 6,300-page investigation concluding torture was an ineffective intelligence-gathering technique and that the CIA lied about its value. On Thursday, the committee is slated to take a belated vote to make it public.

Or more precisely, it will vote to make a slice public. And the CIA will have a significant degree of influence over how large and how public that slice will be.

The committee is not going to release the 6,300-page report. Its chairwoman, Dianne Feinstein of California, said on the Senate floor three weeks ago that only the “findings, conclusions and the executive summary of the report” were the subject of the committee’s declassification efforts. The vast majority of the Senate report – effectively, an alternative post-9/11 history detailing of years’ worth of CIA torture and cover-up – will remain shielded from public view.

“The executive summary will tell us much more than we know right now about the CIA program but much less than the full report,” Katherine Hawkins, a former investigator with the Constitution Project’s own private inquiry on counterterrorism detentions.

“I hope this is the beginning of the declassification process, not the end.”

Nor, staffers concede, is the committee itself even sure of the exact procedure that will unfold if it votes to declassify part of the report, let alone how long it will take.

The outline is clear enough: the Obama administration will review the sections of the report for declassification, and then declassification of some aspects of the report will occur. The CIA is expected to play a major role in approving material for release, despite feuding with the committee about what it considers an unfair and inaccurate portrayal.

Steven Aftergood, an intelligence policy analyst at the Federation of American Scientists, considers the agency’s role a conflict of interest.

“They functionally control the declassification process, and they have an interest in how they as an agency are portrayed in the final product,” Aftergood said. “They’re not an impartial party, and that’s a flaw in the process.”

A CIA spokesman, Dean Boyd, said the agency still had not received a final copy of the Senate report and could not comment on its contents. But he indicated the agency’s support for its release – something the White House has committed itself to, at least for some sections.

“If portions of the report are submitted to the CIA for classification review, we’ll carry out the review expeditiously,” Boyd said.

National Security Council spokeswoman Caitlin Hayden declined to “speculate” in advance of the Senate vote on how long declassification would take. But she reaffirmed that Obama urges the committee “to complete the report and send it to us, so that we can declassify the findings and the American people can understand what happened in the past, and that can help guide us as we move forward”.

If public, the report would represent a milestone in reassessing what torture actually was, placing the stamp of officialdom on a narrative that has long been a dissenting view.

The CIA, the Bush administration and their congressional allies have long insisted that “enhanced interrogation” – the placement of detainees, among other treatments, in painful “stress positions”, limiting their caloric intake, depriving them of sleep and exposing them to extreme temperatures – was not torture. They further insist that the practice was crucial to obtaining otherwise unavailable and critical counterterrorism information from detainees.

A former CIA official intimately involved in the treatment of detainees, Jose Rodriguez, wrote a book-length defense, claiming the “hard measures” prevented further terrorist attacks. The popular Hollywood film Zero Dark Thirty received significant US government assistance and left many viewers with the impression that torture led inexorably to the death of Osama bin Laden.

“After years of investigation and scrutiny, I believe my actions were vindicated and, I must tell you, that judgment felt sweet,” Rodriguez wrote in his 2012 book, co-written with a senior aide to former CIA director George Tenet.

Rodriguez, however, destroyed nearly 100 videotapes detailing brutal interrogations – an act not disclosed to the Senate intelligence committee for years and one which led directly to the committee’s current inquiry, Feinstein revealed last month.

Yet behind the confident public pronouncements about the value of torture lay a significant body of evidence casting doubt on it. In 2004, the CIA’s inspector general secretly wrote that “measuring the effectiveness” of the techniques was “challenging” and their application was “inconsistent with the public policy positions that the United States has taken regarding human rights”. That and similar reports sparked a clash with former CIA director Michael Hayden; the report was not partially declassified until 2009.

In February 2006, State Department adviser Philip Zelikow warned the Bush administration that waterboarding and other torture techniques “would be deemed wanton and unnecessary and would immediately fail to pass muster unless there was a strong state interest in using them. … And they can be barred even if there is a compelling state interest asserted to justify them.” Zelikow’s memo remained secret until 2012.

In 2009, former FBI interrogator Ali Soufan testified before a Senate panel that the torture of Abu Zubaydah, whose detention ushered in the legal and policy apparatus of post-9/11 abuse, was unnecessary and unfruitful. Soufan, who testified behind a wooden partition, would later cite sugarless cookies as one of his best interrogation tricks to coax information out of a member of al-Qaida.

Overturning years of public obfuscation is a laborious process, and it’s unlikely to happen this week, even if the Senate panel votes for partial declassification.

A cumbersome and bureaucratic process in normal circumstances, declassifying portions of the report is likely to involve multiple executive-branch agencies beyond the CIA, including the Justice Department. A joint House-Senate inquiry into the 9/11 attacks conducted in 2002 took over six months to partially declassify.

Aftergood said he expected getting even portions of the report released to take “weeks, rather than months”.
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Re: CIA asks Justice Dept. to investigate spying on Senate

Postby seemslikeadream » Thu Apr 03, 2014 5:07 pm

Senate Panel Approves Release of C.I.A. Interrogation Report
By DAVID S. JOACHIMAPRIL 3, 2014

WASHINGTON — The public will soon get its first look at a voluminous report on the C.I.A.'s detention and interrogation practices during the George W. Bush administration, after the Senate Intelligence Committee voted on Thursday to declassify key sections of the report.

“The report exposes brutality that stands in stark contrast to our values as a nation,” Senator Dianne Feinstein, a Democrat of California and the chairwoman of the committee, said in a written statement after the vote. “This is not what Americans do.”

The committee voted to declassify the report’s executive summary and conclusions, or more than 480 of its 6,200 pages. The next step is President Obama’s approval. Mr. Obama, who opposed the C.I.A. program as a presidential candidate and discontinued it once he took office in 2009, has said he wants the findings of the report to be made public.

The White House would not say how long it would take the administration to review the report for sensitive national security disclosures, but a spokeswoman said the process would be expedited.

“We urge the committee to complete the report and send it to us, so that we can declassify the findings and the American people can understand what happened in the past, and that can help guide us as we move forward,” said Caitlin Hayden, the spokeswoman for the National Security Council.

“We’ll do that as expeditiously as we can,” she said, “but I’m not going to speculate on the time frame for declassifying something we haven’t received yet.”

People who have read the report, written by the Senate committee, say it offers the most detailed look to date on the C.I.A.'s brutal methods of interrogating terrorism suspects in the years after the attacks of Sept. 11, 2001. It concludes that the spy agency repeatedly misled Congress, the White House and the public about the benefits of the program.

Republicans on the committee have been harshly critical of the report, calling it a one-sided attempt to discredit the C.I.A. and the Bush administration. As a result, they have refused to take part in the investigation.

Even so, the vote did attract some Republican support. “Despite the report’s significant errors, omissions and assumptions — as well as a lot of cherry-picking of the facts — I want the American people to be able to see it and judge for themselves,” Senator Saxby Chambliss, the ranking Republican on the committee, said in a written statement.

The committee, which met in a closed session on Thursday, also approved the declassification of the Republican dissent from the report’s conclusions and the C.I.A.'s response to the investigation.

The outcome of the committee vote was expected after two members of the committee from Maine — Susan Collins, a Republican, and Angus King, an independent — announced on Wednesday that they were supporting Ms. Feinstein’s effort to declassify parts of the report, giving her the votes she needed.

Amnesty International, which says that the C.I.A.'s interrogation techniques amounted to torture and therefore violated international law, welcomed the committee’s vote but said the report should be released in full and without redactions.

“Given the systematic failure of the U.S. authorities to declassify and disclose anything like the full truth about the C.I.A. rendition, detention and interrogation programs, any transparency on them is a step in the right direction,” the group said in a statement.
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Re: CIA asks Justice Dept. to investigate spying on Senate

Postby seemslikeadream » Thu Apr 10, 2014 9:00 am

REVEALED: SENATE REPORT CONTAINS NEW DETAILS ON CIA BLACK SITES
Sources tell Al Jazeera the Intelligence Committee report accuses spy agency of lying about detention and interrogation
April 9, 2014 12:00AM ET
by Jason Leopold @JasonLeopold
A Senate Intelligence Committee report provides the first official confirmation that the CIA secretly operated a black site prison out of Guantánamo Bay, two U.S. officials who have read portions of the report have told Al Jazeera.

The officials — who spoke on condition of anonymity because the 6,600-page report on the CIA’s detention and interrogation program remains classified — said top-secret agency documents reveal that at least 10 high-value targets were secretly held and interrogated at Guantánamo’s Camp Echo at various times from late 2003 to 2004. They were then flown to Rabat, Morocco, before being officially sent to the U.S. military’s detention facility at Guantánamo in September 2006.

In September 2006, President George W. Bush formally announced that 14 CIA captives had been transferred to Guantánamo and would be prosecuted before military tribunals. He then acknowledged for the first time that the CIA had been operating a secret network of prisons overseas to detain and interrogate high-value targets.

The Senate report, according to Al Jazeera’s sources, says that the CIA detained some high-value suspects on Diego Garcia, an Indian Ocean island controlled by the United Kingdom and leased to the United States. The classified CIA documents say the black site arrangement at Diego Garcia was made with the “full cooperation” of the British government. That would confirm long-standing claims by human rights investigators and journalists, whose allegations — based on flight logs and unnamed government sources — have routinely been denied by the CIA.

The CIA and State Department declined Al Jazeera’s requests for comment.

The Intelligence Committee last week voted 11 to 3 to declassify the report’s 480-page executive summary and 20 conclusions and findings, which incorporate responses from Republican members of the committee and from the CIA. The executive summary will undergo a declassification review, led by the CIA, with input from the State Department and the Office of the Director of National Intelligence, the U.S. officials said.

The panel’s chairwoman, Democratic Sen. Dianne Feinstein, said in a statement last Thursday that the full 6,600-page report, with 37,000 footnotes, “will be held for declassification at a later time.”

Polish site
The control tower of the airport in Szymany, Poland, near an alleged CIA black site. AP
Leaked details of the committee’s report have caused waves in countries like Poland, where the CIA is known to have operated a black site prison — which Polish officials continue to deny having known about.

The U.S. officials who spoke to Al Jazeera said that the Senate report reveals 20 prisoners were secretly detained in Poland from 2002 to 2005. They added that Polish officials recently sought assurances from diplomats and visiting U.S. officials that the Senate report would conceal details about Poland’s role in allowing the CIA black site to be operated on Polish soil. Al Jazeera’s sources said U.S. officials reassured their Polish counterparts last year that it was almost certain that the declassified version of the report would not identify the countries that cooperated with the CIA’s detention and interrogation program.

According to the Senate report, Al Jazeera’s sources said, a majority of the more than 100 detainees held in CIA custody were detained in secret prisons in Afghanistan and Morocco, where they were subject to torture methods not sanctioned by the Justice Department. Those methods are recalled by the report in vivid narratives lifted from daily logs of the detention and interrogation of about 34 high-value prisoners. The report allegedly notes that about 85 detainees deemed low-value passed through the black sites and were later dumped at Guantánamo or handed off to foreign intelligence services. More than 10 of those handed over to foreign intelligence agencies “to face terrorism charges” are now “unaccounted for” and presumed dead, the U.S. officials said.

The Senate report says more than two dozen of these men designated low-value had, in fact, been wrongfully detained and rendered to other countries on the basis of intelligence obtained from CIA captives under torture and from information shared with CIA officials by other governments, both of which turned out to be false. The report allegedly singles out a top CIA official for botching a handful of renditions and outlines agency efforts to cover up the mistakes.

The Senate report allegedly accuses “senior CIA officials” of lying during multiple closed-session briefings to members of Congress from 2003 to 2005 about the use of certain “enhanced” interrogation techniques. The report says an agency official lied to Congress in 2005 when he insisted the U.S. was adhering to international treaties barring cruel and degrading treatment of prisoners, the U.S. officials told Al Jazeera.

The report not only accuses certain CIA officials of deliberately misleading Congress; Al Jazeera’s sources say it also suggests that the agency sanctioned leaks to selected journalists about phantom plots supposedly disrupted as a result of information gained through the program in order to craft a narrative of success.

The Senate report, like a 2009 Senate Armed Services Committee report (PDF), says Air Force psychologists under contract to the CIA reverse-engineered a decades-old resistance-training program taught to U.S. airmen known as survival evasion resistance escape (SERE).

According to a SERE training document obtained by Al Jazeera titled “Coercive Exploitation Techniques,” Air Force personnel were taught that communist regimes used “deprivations” of “food, water, sleep and medical care” as well as “the use of threats” in order to weaken a captive’s mental and physical ability to resist interrogation. “Isolation” would be used, according to the SERE program, to deprive the “recipient of all social support” so that he develops a “dependency” on his interrogator. And “physical duress, violence and torture” are used to weaken “mental and physical ability to resist exploitation.”

Ironically, perhaps, the SERE document (displayed below) notes that such techniques were used by the Soviet Union, China and North Korea to obtain false confessions.

Senate investigators allegedly obtained from the CIA a 2003 “business plan,” written by Air Force psychologists James Mitchell and Bruce Jessen, that contained erroneous details about the positive aspects of the enhanced interrogation program and the veracity of the intelligence its extracted from detainees. The “business plan” states that Al-Qaeda captives were “resistant” to “standard” interrogation techniques, an argument the Senate report found lacked merit because torture techniques were used before they were even questioned.

Neither Jessen, who lives in Spokane, Wash., nor Mitchell, who resides in Land o’ Lakes, Fla., responded to phone calls or emails for comment. Both men are featured prominently in the Senate’s report, according to U.S. officials.

The ‘experiment’

According to Al Jazeera’s sources, Zain Abidin Mohammed Husain Abu Zubaydah was the only captive subjected to all 10 torture techniques identified in an August 2002 Justice Department memo. But the U.S. officials said the Senate report concludes that the methods applied to Abu Zubaydah went above and beyond the guidelines outlined in that memo and were used before the memo establishing their legality was written.

The Senate report allegedly adopts part of a narrative from former FBI special agent Ali Soufan, who first interrogated Abu Zubaydah at the black site and wrote in his book “The Black Banners” that Mitchell was conducting an “experiment” on Abu Zubaydah.

For example, the August 2002 Justice Department legal memo authorized sleep deprivation for Abu Zubaydah for 11 consecutive days, but Mitchell kept him awake far longer, the U.S. officials said, citing classified CIA cables. Abu Zubaydah was stripped naked, strapped into a chair and doused with cold water to keep him awake. He was then interrogated and asked what he knew, at which point, his attorney told Al Jazeera, Abu Zubaydah was “psychotic” and would have admitted to anything.

Additionally, the report allegedly says that Abu Zubaydah was stuffed into a pet crate (the type used to transport dogs on airplanes) over the course of two weeks and routinely passed out, was shackled by his wrists to the ceiling of his cell and subjected to an endless loop of loud music. One former interrogator briefed about Abu Zubaydah’s interrogations from May to July 2002 told Al Jazeera that the music used to batter the detainee’s senses was by the Red Hot Chili Peppers.

Abu Zubaydah’s attorney, Brent Mickum, hopes the Senate report’s executive summary will vindicate what he has been saying for years. “My client was tortured brutally well before any legal memo was issued,” Mickum said. He expects the report to “show that my client was a nonmember of Al-Qaeda, contrary to all of the earlier reports by the Bush administration. I am also confident that the report will show that, after he was deemed to be compliant while he was held in Thailand, that he continued to be tortured on explicit orders from the Bush administration.”

The Senate report, according to Al Jazeera’s sources, says that CIA interrogators were under an enormous pressure from top agency officials, themselves under pressure from the White House, to use “enhanced” interrogation techniques to obtain information from detainees connecting Iraq and Al-Qaeda.

One interrogator who worked for the CIA and the U.S. military during Bush’s tenure and participated in the interrogations of two high-value CIA prisoners told Al Jazeera — speaking on condition of anonymity because he is still employed by the U.S. government — that the “enhanced” interrogation program was “nothing more than the Stanford Prison Experiment writ large.” (The 1971 Stanford University study shocked the public by demonstrating how easily people placed in authority over more vulnerable others resorted to cruelty.)

“Interrogators were being pressured — You have to get info from these people,’” the interrogator told Al Jazeera. “There was no consideration that the person we were interrogating may not know. That was always seen as a resistance technique. ‘They [the detainees] must be lying!’ There was pressure on us from above to produce what they wanted. Not a single person I worked with knew how to conduct an interrogation or [had] ever conducted an interrogation.”
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Re: CIA asks Justice Dept. to investigate spying on Senate

Postby seemslikeadream » Sat Jul 26, 2014 10:22 pm

Wyden Ponders Release of CIA Torture Report Without White House Consent
By Niels Lesniewski
Posted at 1:18 p.m. on July 25, 2014
Wyden Ponders Release of CIA Torture Report Without White House Consent10
wyden 214 062414 445x303 Wyden Ponders Release of CIA Torture Report Without White House Consent
(Bill Clark/CQ Roll Call)

A senior Senate Democrat is firing a warning shot at the White House against stalling the release of a report about the past use of torture by the U.S. intelligence community.

Sen. Ron Wyden is talking with his colleagues about the possibility of using a seldom-invoked procedure to declassify an Intelligence Committee report on the use of torture in the event the White House does not move ahead quickly.

Speaking with reporters on a variety of subjects Thursday, the Oregon Democrat referred to the Senate’s “Resolution 400″ — the Abraham A. Ribicoff-sponsored resolution that established the Intelligence Committee back in 1976.

Wyden said he was discussing invoking the resolution “in order to move this along if we have to, through the committee process, to get it declassified.”


Matt Bai of Yahoo! News reported earlier Thursday that Wyden mentioned the same procedure to him. And it was not the first time he’s discussed the possibility. Wyden previously explained the provision in October 2013, KATU reported.

The Senate Intelligence Committee voted on April 3 to provide for declassification of the report into the use of harsh interrogation practices by the CIA during the administration of President George W. Bush. That action set the gears in motion for declassification review. The report is now in the hands of the White House.

Asked Thursday about a senator discussing the prospects of using legislative action to release the report, the National Security Council press office sent along a lengthy statement that did not outline a timeline for release.

“After receiving the executive summary, findings and conclusions of the RDI report from the Senate Intelligence Committee in April, the CIA and ODNI conducted a declassification review. The CIA and ODNI have submitted the report to the White House with their initial recommended redactions so that it can continue to be so coordinated with other agencies who have equities. The President has been clear that he wants this process completed as expeditiously as possible and he’s also been clear that it must be done consistent with our national security. An important goal that the Administration and the Committee share is the safety and security of our people overseas. So, prior to the release of any information related to the former RDI program, the Administration will also need to look at any potential security implications and take a series of steps to prepare our personnel and facilities overseas. We will do that in a timely fashion.”

The concern about “security implications” for American personnel abroad repeats a point made by then-White House Counsel Kathryn Ruemmler in an April letter to Intelligence Chairwoman Dianne Feinstein, D-Calif.

The Intelligence Committee’s inquiry led to charges of CIA “spying” on the panel’s investigators conducting oversight of the torture program, with the intelligence community firing back that Senate staff improperly accessed and removed material. Earlier in July, the Justice Department declined to launch a formal investigation into the matter.

Bringing up Senate Resolution 400 in conversations this week is a reminder from Wyden that the legislative branch would have recourse in the event the Obama administration stonewalls the release, a point made clear in the Senate manual:

“The select committee may, subject to the provisions of this section, disclose publicly any information in the possession of such committee after a determination by such committee that the public interest would be served by such disclosure. Whenever committee action is required to disclose any information under this section, the committee shall meet to vote on the matter within five days after any member of the committee requests such a vote. No member of the select committee shall disclose any information, the disclosure of which requires a committee vote, prior to a vote by the committee on the question of the disclosure of such information or after such vote except in accordance with this section.”
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Re: CIA asks Justice Dept. to investigate spying on Senate

Postby seemslikeadream » Tue Oct 21, 2014 9:24 pm

Published on
Monday, October 20, 2014
by Blog of Rights / ACLU
The Torture Secrets Are Coming
by Marcellene Hearn

The American people are entitled to know what took place in U.S. detention centers. And it would be completely backwards to suppress images of government misconduct on the grounds that they are too powerful to be disclosed when it is often disclosure, accountability, and ensuing reforms that prevent misconduct from recurring. (Photo: John Moore/Getty Images)
Once you've seen the Abu Ghraib photos, they're not easily forgotten.

The hooded man, the electrodes, the naked bodies piled upon each other, and the grinning soldier with a thumbs up. The images are the stuff of nightmares. They're also incontrovertible evidence that our government engaged in torture, and their publication sparked a national conversation that helped end the Bush administration's torture program.

Nevertheless, the Obama administration is still fighting to keep the full truth about torture – including photos the public hasn't yet seen – from the American people. But recently the courts and the Senate have been pushing back, resisting the government's claims that it can't reveal its torture secrets. As a result, those secrets may finally be dragged into the light.

The government is holding back as many as 2,100 never-released images from Abu Ghraib and other detention centers overseas. The ACLU first sued for their release 10 years ago, and in August, District Court Judge Alvin Hellerstein ruled that the government must publish the photos unless it can defend withholding them on an individualized basis.

Tomorrow the government will appear in court and tell Judge Hellerstein and the ACLU what it plans to do.

The government based its suppression on a 2009 statute, enacted after the ACLU won the release of the images in the trial and appeals courts, that permits the secretary of defense to withhold an image for up to three years if the secretary certifies that its release would endanger Americans. In 2012, then Defense Secretary Leon Panetta issued a half-page certification for the entire collection, of more than 2,000 images.

"Standing alone," Judge Hellerstein wrote in his August ruling, Mr. Panetta's certification is "insufficient." The government must prove that the secretary reviewed each photo by itself and "show why" the publication of each image risked national security.

The American people are entitled to know what took place in U.S. detention centers. And it would be completely backwards to suppress images of government misconduct on the grounds that they are too powerful to be disclosed when it is often disclosure, accountability, and ensuing reforms that prevent misconduct from recurring.

These principles aren't just about righting the historical record; they have practical applications to this day. Just this month, another federal judge ordered the unsealing of 32 videos of force feeding and cell extractions at Guantánamo Bay. These videos form part of the basis of Syrian detainee Abu Wa'el Dhiab's challenge to the force feeding practices the government inflicts on him today, practices that have been condemned internationally and which constitute cruel, inhuman, or degrading treatment, possibly even torture.

Judge Gladys Kessler rejected the government's justifications for keeping the videos from the public as "unacceptably vague, speculative...or just plain implausible." Citing an earlier opinion by Judge Hellerstein in the ACLU case, Judge Kessler dismissed the government's argument that the videos could be used as propaganda by Al Qaeda. Last week, she granted the government's request for a 30-day reprieve while it decides whether to appeal her orders.

Outside of the courts, the Senate Intelligence Committee is also signaling that it, too, has had enough of the administration's efforts to conceal the truth about torture from the public. The committee voted six months ago to release the summary, findings, and conclusions of its landmark study on the CIA's torture program. Now the committee is pushing back against the administration's efforts to black out so much of the summary to make it unreadable. The ACLU has separately sued the CIA for the full Senate report, the CIA's response, and a contemporaneous internal review ordered by then CIA Director Leon Panetta. The CIA must "process" the summary, CIA response, and Panetta review by October 29, which means the agency will be required to justify any withholdings or produce the three reports.

With the courts and the Senate holding the line, we may soon know more than ever – not only about our past – but also about our present abusive practices. Only then can we truly move forward, and not backward.


The Pentagon Papers of the CIA Torture Program

Torture Report

Revealed: DoD Tortured Guantanamo Bay Prisoners with Neuropsychiatric Malaria Drug

Ray McGovern thinks Obama and Panetta are afraid of the CIA

Protection Racket: Obama Gets Tough to Shield Bush Torturers

Terror, Torture, and the Dark Side
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Re: CIA asks Justice Dept. to investigate spying on Senate

Postby seemslikeadream » Thu Oct 23, 2014 5:44 pm

IS OBAMA STALLING UNTIL REPUBLICANS CAN BURY THE CIA TORTURE REPORT?
BY DAN FROOMKIN @froomkin TODAY AT 11:57 AM


Continued White House foot-dragging on the declassification of a much-anticipated Senate torture report is raising concerns that the administration is holding out until Republicans take over the chamber and kill the report themselves.

Senator Dianne Feinstein’s intelligence committee sent a 480-page executive summary of its extensive report on the CIA’s abuse of detainees to the White House for declassification more than six months ago.

In August, the White House, working closely with the CIA, sent back redactions that Feinstein and other Senate Democrats said rendered the summary unintelligible and unsupported.

Since then, the wrangling has continued behind closed doors, with projected release dates repeatedly falling by the wayside. The Huffington Post reported this week that White House Chief of Staff Denis McDonough, a close ally of CIA Director John Brennan, is personally leading the negotiations, suggesting keen interest in their progress — or lack thereof — on the part of Brennan and President Obama.

Human-rights lawyer Scott Horton, who interviewed a wide range of intelligence and administration officials for his upcoming book, “Lords of Secrecy: The National Security Elite and America’s Stealth Foreign Policy,” told The Intercept that the White House and the CIA are hoping a Republican Senate will, in their words, “put an end to this nonsense.”

Stalling for time until after the midterm elections and the start of a Republican-majority session is the “battle plan,” Horton said. “I can tell you that Brennan has told people in the CIA that that’s his prescription for doing it.”

Republicans are widely expected to win control of the Senate Nov. 4.

Victoria Bassetti, a former Senate Judiciary Committee staffer, wrote this week that the administration is playing “stall ball” and that Senate staffers expect Republicans would “spike release of the report” should they take over the chamber.

Asked if the White House is slow-walking the negotiations on purpose, National Security Council spokesperson Bernadette Meehan replied:

The President has been clear that he wants this process completed as expeditiously as possible and he’s also been clear that it must be done consistent with our national security. The redactions to date were the result of an extensive and unprecedented interagency process, headed up by the Office of the Director of National Intelligence, to protect sensitive classified information. We are continuing a constructive dialogue with the Committee.

She notably did not rule out the possibility that negotiations will extend beyond the 113th Congress.

The report, which Senate Democratic staffers worked on for five years, is over 6,000 pages long and is said to disclose new details about both the CIA’s brutal and systemic abuse of detainees and the pattern of deceit CIA officials used to hide what they had done.

The CIA’s hostility toward the Senate investigation burst into public view in March, when Feinstein disclosed that the CIA had improperly searched computers being used by her staffers — and then had leveled false charges against those staffers in an attempt to intimidate them. Brennan at first angrily denied those charges, then apologized, then angrily qualified his apology for the CIA’s actions.

Critics of the Bush administration’s torture regime are hoping the report’s release will lead to a long-sought moment of accountability. That, of course, is exactly what Republicans and people who were part of the regime — many of who are still in top positions in the intelligence community, and close to Obama — don’t want.

But the committee’s investigation was narrowly limited to the CIA’s involvement in torture programs. That will leave the people who gave the CIA its orders — starting with Dick Cheney and George Bush — essentially off the hook.

The findings also don’t address the considerably more widespread and common use of torture by the military at Abu Ghraib, Guantanamo Bay and elsewhere. A bipartisan Senate Armed Services Committee report in December 2008 definitively blamed senior Bush administration officials for sanctioning those practices. But coming at a time when the nation was anticipating a period of intense change as Obama succeeded Bush, the reaction was muted.

Should Republicans win control of the Senate as expected, the chairmanship of the Senate Select Committee on Intelligence would be expected to go to Richard Burr of North Carolina. (The current ranking member, Saxby Chambliss of Georgia, is retiring.)

Burr’s office declined to comment about what he would do as chairman if the release of the report were still unresolved. But his hostility toward the report is clear. Although he voted in favor of declassifying it in April, he said he was doing so people could see how wrong it was:

In December 2012, I joined several of my colleagues in voting against this report. At that time, I was deeply concerned about the factual inaccuracies contained within the report, including inaccurate information relating to the details of the interrogation program and other information provided by detainees. I had hoped that the authors of the report would ensure that the American public was provided facts, not fiction. I am extremely disappointed in the flawed and biased results of their work.

However, I voted today to declassify the report to give the American people the opportunity to make their own judgments. I am confident that they will agree that a 6,300 page report based on a cold document review, without a single interview of Intelligence Community, Executive Branch, or contract personnel involved, cannot be an accurate representation of any program, let alone this one…

I believe in our Intelligence Community professionals. I believe that they endeavor to make decisions in accordance with the law and in the best interests of our Nation. I believe that this Committee conducts vigorous oversight of Intelligence Community activities and programs, and will continue to do so. And I believe that there are many honorable people who have dedicated their lives to protect our country and we need to allow them to get back to work.

Should the report’s release continue to be delayed by the White House, Senate Democrats could of course take matters into their own hands, either by unilaterally releasing the (already carefully edited) report, which would be constitutionally protected “speech and debate” — or by leaking it.
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Re: CIA asks Justice Dept. to investigate spying on Senate

Postby seemslikeadream » Mon Nov 17, 2014 8:30 pm

The State Secrets Senator Mark Udall Should Reveal
As a lame-duck member of Congress, the Coloradan has the unique ability to expose CIA and NSA lawbreaking—without breaking the law himself.
CONOR FRIEDERSDORFNOV 17 2014, 6:30 AM ET

Rick Wilking/Reuters
When Mark Udall lost his Senate seat in the midterm elections, civil libertarians familiar with his efforts to inform Americans about the CIA and NSA had the same thought: Before leaving office, the Colorado Democrat should tell the public about the abuses the government is trying to hide. National-security officials are able to violate the Constitution and various statutes with impunity in large part because they classify their misbehavior as a state secret. It's a neat trick. To expose their lawbreaking, one must first break the law.

But there is a check on this unscrupulous trick.

Members of Congress can reveal classified information in their capacity as legislators without facing legal consequences. As the U.S. Constitution puts it, "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."

This "Speech or Debate Clause" was most famously invoked in 1971, when Senator Mike Gravel called a late-night subcommittee meeting and entered the Pentagon Papers into the Congressional Record, liberating them for the public and thwarting executive-branch officials who insisted that they should be suppressed.

Today, it's CIA torture and mass surveillance of innocent people that the executive branch wants to hide. It's beyond dispute that Bush administration interrogation tactics were illegal, as is the fact, documented in FISA Court opinions, that the NSA knowingly violated the Fourth Amendment on many occasions. Yet there is a lot about torture and surveillance that Americans still don't know.

Using the Speech or Debate privilege to reveal abuses could be costly for a sitting senator, who'd risk being stripped of his or her clearance to see classified information or even expelled from the Senate for violating its rules. Udall is a lame duck, so his calculus is simpler. He only needs to ask himself what is right. What fulfills his obligations to his constituents, his country, and the oath of office he took to support and defend the Constitution? Preserving his ability to fight for civil liberties another day is no longer an option.

That frame is clarifying: He is now obligated to speak out. I do not reach that conclusion lightly. As a general rule, I believe legislators should be wary of revealing classified information, but the abuses being covered up are clear, radical and corrosive to a democratic society. Consider the details of the torture issue alone:

The crime is heinous.
The Obama administration is in clear, flagrant, longstanding breach of its legal obligation to investigate torture and to refer torturers for prosecution.
The Department of Justice employee tapped to look into the matter didn't even interview many torture victims.
The Senate Intelligence Committee spent millions of taxpayer dollars and years of its staffers' time producing a 6,300-page report on CIA torture that is being suppressed years after being completed as the CIA itself influences it.
The current head of the CIA was himself a high-ranking staffer at the agency during the torture years.
CIA employees spied on the Senate oversight committee as it completed the report.
Until and unless the report is released, the prevailing narrative on torture will remain influenced by the misleading propaganda of torture proponents, increasing the chance that the U.S. will adopt immoral, ineffective, illegal interrogation techniques in a future war or national emergency.

CONOR FRIEDERSDORFNOV 17 2014, 6:30 AM ET
Establishment voices believe Udall should wait for the CIA and the Senate to finish their negotiations about what parts of the report ought to be released to the public. Nonsense. The fact that the CIA is a party to negotiations about what parts of a report into its own criminal misconduct will be suppressed is itself an absurdity, and suggests that the CIA already has undue influence over U.S. politics.

On surveillance, Udall's oft-stated views suggest that he may have an obligation to speak out before he leaves office. As he noted in a 2013 op-ed with two colleagues:

The framers of the Constitution declared that government officials had no power to seize the records of individual Americans without evidence of wrongdoing, and they embedded this principle in the Fourth Amendment. The bulk collection of Americans’ telephone records—so-called metadata—by the National Security Agency is, in our view, a clear case of a general warrant that violates the spirit of the framers’ intentions. This intrusive program was authorized under a secret legal process by the Foreign Intelligence Surveillance Court, so for years American citizens did not have the knowledge needed to challenge the infringement of their privacy rights.
Thanks to Edward Snowden, Americans now know about that assault on the Fourth Amendment. If Udall is privy to similarly egregious NSA abuses that the public doesn't yet know about, this is his last chance to tell us—and to defend the Constitution, per his oath, in doing so—without risking a prison term. If Udall exposes CIA or NSA abuses abuses in his last weeks as a senator, if his parting gift is to leave his country with a better informed electorate, he'll retire a hero in my book. If not, harm done as a result of still unexposed abuses will be partly his responsibility.

He's already said he is keeping "all options on the table." Which will he choose?




Sen. Mark Udall Contemplates Revealing CIA Torture Report
BY LAUREN WALKER 11/14/14 AT 5:01 PM
11_14_Udall
U.S. Senator Mark Udall addresses guests at a Democratic Party event at the Westin Denver Downtown Hotel on November 4, 2014. DOUG PENSINGER/GETTY

As Colorado Senator Mark Udall’s time in Congress comes to a close, he has some things he’d like to get off his chest.

In his first interview since losing his seat in the midterm elections, the Democrat told The Denver Post on Thursday that in his final weeks in office he will “keep all options on the table” to expose the severe interrogation techniques currently tucked away in the Senate’s still-classified CIA torture report.

Among those options is a rarely used power afforded to members of Congress that would allow him to read the report into the congressional record. A chorus of people, from civil liberties advocates to politicians, have urged Udall to take advantage of this power, but there are consequences he must consider.

After the Republicans won a majority in the Senate last Tuesday, their leadership quickly met to discuss what the party’s first move would be: passing legislation that had been blocked by the Democratic-controlled Senate. But many across the aisle fear that the Republicans will try to do some blocking of their own, like preventing the release of the torture report.

Sen. Richard Burr, R-N.C., a vocal defender of enhanced interrogation techniques, is expected to replace Sen. Dianne Feinstein, D-California, as head of the Senate Intelligence Committee. Feinstein has been working since March 2009 to bring the “enhanced interrogation techniques” to light.

Despite President Barack Obama’s declaration that “[w]e need to look forward as opposed to looking backwards” before taking office, Feinstein announced in March 2009 that the Intelligence Committee would conduct a study of the CIA’s interrogation program during George W. Bush’s administration.

After a lengthy process, the Senate review was completed in December 2012. The report is more than 6,000 pages long, divided into three volumes, and cost more than $40 million to create. Though the committee voted at the end of 2012 to begin the process of declassification, a public release has been perpetually delayed ever since.

In March 2014, sources said the CIA objected to most of the report’s contents and was assembling “a defiant response.” Government dissatisfaction with the Senate’s probe burst onto the public stage when Feinstein announced in a floor speech that the CIA had spied on the computers Senate staffers were using to conduct their investigation.

By April 2014, it was up to the CIA to complete its declassification review. But when it finally came out, “the administration’s redactors had behaved like a bunch of third-graders off their Ritalin, running amok with black markers,” wrote Victoria Bassetti, a former Senate Judiciary staffer. “The proposed redactions rendered the report incomprehensible.”

Senate staffers say that the Obama administration has been stalling the release until the Senate flips to Republican control in a few months, and that Burr is just what the CIA needs to kill the report.

“For those of you who think the Obama administration doesn’t know how to work with Republicans, think again,” Bassetti said. “North Carolina’s Republican senator, Richard Burr, may soon be one of the Obama administration’s best friends.”

Though Burr, who has attacked the credibility of the Feinstein investigation, voted to declassify the report in April, he said he was doing so only to show the American people how inaccurate it was.

“I voted today to declassify the report to give the American people the opportunity to make their own judgments,” he said. “I am confident that they will agree that a 6,300-page report based on a cold document review, without a single interview of intelligence community, Executive Branch or contract personnel involved, cannot be an accurate representation of any program, let alone this one.”

Burr continued, “Based on what I have learned as a member of the House and Senate Intelligence committees, I firmly believe that the CIA’s detention program saved lives and played a vital role in ensuring that our nation had the intelligence it needed to successfully combat Al-Qaeda in the days following 9/11 and in the years since that fateful day.”

With his support of the Bush-era techniques mixed with his affinity for secrecy, it is likely Burr won’t see Feinstein’s aims through. “I personally don’t believe that anything that goes on in the Intelligence committee should ever be discussed publicly,” he told reporters back in March. “If I had my way, with the exception of nominees, there would never be a public intelligence hearing.”

But Udall warned on Thursday that “[t]rying to run out the clock…is not an option. The truth will come out.”

Reporter Ali Watkins argues in The Huffington Post that because the report is Feinstein’s landmark legislative feat, she is unlikely to allow Burr to bury it. “Rather, Feinstein will probably push to release the executive summary before she loses her chairmanship in January,” she writes. But the number of CIA redactions that Feinstein may have to settle for to rush the report through is a legitimate concern.

“I’m not going to accept the release of any version of the executive summary that doesn’t get out the truth of this program,” Udall told the Post. “Not only do we have to shed light on this dark chapter of our nation’s history, but we’ve got to make sure future administrations don’t repeat the grave mistakes.”

As Senator Mike Gravel of Alaska did in 1971 with the Pentagon Papers, Udall could take advantage of the “speech or debate clause” and read on the Senate floor the least-redacted version of the report he can find. He probably has some version that can’t be released, or Feinstein would have released it by now.

Newsweek talked with William C. Banks, director of the Institute for National Security and Counterterrorism at Syracuse University, where he also teaches law, about the legal ramifications if Udall makes this move.

“The legal picture is pretty clear and involves part of the Constitution that’s not widely discussed…[the speech or debate clause],” Banks said. “[I]t says the senators and representatives shall, in all cases except treason, felony and breach of the peace, be privileged from arrest during their attendance at the session, in going to and from the session, nor for any speech or debate in either house shall they be questioned in any other place.”

The clause was inserted into the Constitution in order to protect members of Congress from being intimidated by other branches of government. And the last portion (“nor for any speech or debate in either house shall they be questioned in any other place”) is what would protect Udall.

“If he just stood up in either the Intelligence Committee or the Armed Services Committee and started reading from the report, there’s nothing that anyone in the Executive Branch or courts could do about it,” Banks said.

But he’d have to read the whole thing—all 6,000 pages (which could take hundreds of hours)—because otherwise he would have to ask for unanimous consent for the report to be entered into the record. “And of course if he did this in the next month and a half or two months, his committee colleagues are not going to give him unanimous consent,” Banks said.

The way out of this conundrum is to follow what Gravel did the last time a senator employed the speech or debate clause. Gravel called a subcommittee meeting late at night so no one would be around to object.

But Banks said there are many things for Udall to consider, such as his place in the Senate’s history—what he wants to be remembered for. “I would hope that Senator Udall would want to enjoy that legacy in history,” Gravel told the Post.

“We tend to lose sight of [the clause’s purpose], Banks said. “It’s to protect the independence of the members and their ability to do their job without the fear of intimidation by either the executive or the courts. And for those of us who are the voters, regardless of whether it is Udall or anyone else, we have to appreciate the value of that protection so that those who we elect to represent us can be effective in their jobs.”
Mazars and Deutsche Bank could have ended this nightmare before it started.
They could still get him out of office.
But instead, they want mass death.
Don’t forget that.
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Re: CIA asks Justice Dept. to investigate spying on Senate

Postby seemslikeadream » Thu Nov 20, 2014 12:09 pm

Negotiations Over CIA Torture Report Nearing End
By Niels Lesniewski and Clark Mindock
Posted at 9:37 a.m. on Nov. 19, 2014


Senate Intelligence Chairwoman Dianne Feinstein expects her panel’s long-delayed report on the CIA’s use of torture to be released before Republicans take over the chamber, signaling to reporters there’s one sticking point left.

“Well, no one wants to move that more quickly than I do,” said the California Democrat. “We are down to essentially one item in the redaction. It happens to be a very sensitive and important item.” She didn’t elaborate.

Feinstein has been negotiating with the White House for months over redactions to the report’s executive summary, with Democrats on the panel routinely ridiculing efforts by the CIA to redact large portions of the report.

Asked about the potential that next year’s GOP-led Senate could begin the process all over again if the report’s executive summary is not made public before then, Feinstein said “it is going to get done, so don’t worry about it.”

Feinstein said she had discussed the report with both President Barack Obama and White House Chief of Staff Denis McDonough in recent days and expected to hear back quickly.

The White House did not provide a readout of any conversation between Obama and Feinstein, but in response to an earlier query about a Denver Post interview with Democratic Sen. Mark Udall, reiterated the president’s position that the executive summary should “be declassified as expeditiously as possible.”

Udall, who lost his Senate re-election bid in Colorado to Republican Rep. Cory Gardner, would not rule out the possibility of reading material from the report into the Congressional Record before leaving the chamber, a move that would be legally shielded by the Constitution’s “speech or debate” clause.

“I mean, I’m going to keep all options on the table,” Udall said in the interview last week.

Sen. Ron Wyden, D-Ore., who has frequently been in Udall’s camp on civil liberties issues among members of the Intelligence Committee, on Tuesday ridiculed some of the CIA’s requests.

“It is so important that that be done, because it should have come out yesterday,” Wyden said. “I don’t take a backseat to anybody in terms of protecting our undercover agents [but] some of the demands that have been made by the CIA with respect to redactions have been ludicrous.”

“There has never been a report that blacked out all of the pseudonyms, so the agency’s requests in recent days are unprecedented, going all the way back to the Church Committee,” Wyden said, a reference to the landmark investigatory committee of the 1970′s chaired by Democratic Sen. Frank Church of Idaho.

Wyden has previously floated the possibility of using a procedure that could allow for the summary of the report to be released through action of the Intelligence Committee without consent of the Obama administration.
Mazars and Deutsche Bank could have ended this nightmare before it started.
They could still get him out of office.
But instead, they want mass death.
Don’t forget that.
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Re: CIA asks Justice Dept. to investigate spying on Senate

Postby slimmouse » Thu Nov 20, 2014 12:29 pm

Im reminded of Still Robert Paulsons recent reminder of the summation of Mike Ruppert.

The CIA is Wall St.

The psycopathic tendencies certainly fit the model.
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Re: CIA asks Justice Dept. to investigate spying on Senate

Postby seemslikeadream » Fri Dec 05, 2014 10:00 am

“We tortured some folks,”

President Barack Obama


DECLASSIFIED
Inside the Battle Over the CIA Torture Report
45 DEC 3, 2014 6:12 PM EST
By Josh Rogin & Eli Lake
After months of internal wrangling, the Senate Intelligence Committee is finally set to release its report on President George W. Bush-era CIA practices, which among other details will contain information about foreign countries that aided in the secret detention and interrogation of suspected terrorists.

Several U.S. officials told us that the negotiations are nearly complete between the Central Intelligence Agency and the committee's Democratic staff, which prepared the classified 6,300-page report and its 600-page, soon-to-be-released declassified executive summary. Dianne Feinstein, the committee's chairman, is set to release the summary early next week. Her staff members had objected vigorously to hundreds of redactions the CIA had proposed in the executive summary. After an often-contentious process to resolve the disputes, managed by top White House officials, Feinstein was able to roll back the majority of the disputed CIA redactions.

Among the most significant of Feinstein’s victories, the report will retain information on countries that aided the CIA program by hosting black sites or otherwise participating in the secret rendition of suspected terrorists. The countries will not be identified by name, but in other ways, such as code names like “Country A.” This falls short of Feinstein’s original desire, which was to name the countries explicitly, but represents a big victory for the committee nonetheless.

In a victory for the CIA, Feinstein reluctantly agreed to allow the redactions of the pseudonyms of agency personnel mentioned in the report. The CIA maintained that any reference to individuals working under cover that offered clues to their identities could place them in harm’s way.

“We need to understand the role that particular countries played across time. Even having pseudonyms for countries in the report is important for a full accounting,” said Raha Wala, senior counsel at Human Rights First, which advocated on behalf of the report’s declassification.

John Rizzo, who served as the CIA's acting general counsel during the black-site program and later wrote a memoir, "Company Man," said the agency has long fought against declassifying any information on the locations of the secret prisons overseas. "That was something we had fought for years and years," Rizzo told us. "Up to now one of the only remaining classified facts about the program was the names of countries where there were black sites."

Rizzo said the concern about even referencing the locations of the black sites is that one could piece together the locations with other information that is likely to be in the final public report.

One Republican Senate staffer familiar with the negotiations over the report said Feinstein's office relented on some concerns about redacting information that could identify countries hosting the black sites. "Do you scrub enough information to prevent that information from being released?" the staffer said. "It ended up as a half-step in-between, some of the stuff she wanted released and some of the information identifying the countries has been redacted."

The CIA and some Republican senators had argued that even such masked identifications could be deciphered, leading to compromised relationships with those countries’ governments. In June 2013, the top intelligence official at the State Department, Philip Goldberg, wrote a classified letter to Congress warning against the disclosure of the names of countries who had participated in the program.

That letter prompted two Republican members of the committee, Marco Rubio and James Risch, to come out against the public release of the report altogether, saying in a statement that “declassification of this report could endanger the lives of American diplomats and citizens overseas and jeopardize U.S. relations with other countries.”

There is also a risk that any information about foreign countries that aided the CIA programs, even using code names, could be matched against public reporting that already exists to make them more identifiable. There have been news reports about cooperation by the governments of Poland, Lithuania, Romania, Thailand and others.

"Just because something is leaked doesn’t mean it’s still not secret," Rizzo said. "A national security secret is still a national security secret until the government says otherwise."

The summary is expected to reignite the debate over whether the CIA’s coercive interrogation techniques in the first years of the war on terror amounted to torture. Although the summary report is said to not use the word “torture,” officials said it would describe practices that any layman would understand as torture.

“We tortured some folks,” President Barack Obama said in July. “We did some things that are contrary to our values.”

The heart of the substantive dispute between the two major parties is whether the harsh interrogation techniques that President Obama has called "torture" produced valuable intelligence that led to the capture of al-Qaeda operatives. Republicans, as well as former CIA director Leon Panetta and a former acting director, Mike Morrell, have said that it did.

Originally there had been bipartisan support for the majority staff’s investigation, and the committee’s Republican staff was initially part of the investigation -- but it withdrew early in the process. Even after the Republican staff disowned the investigation, some Republican senators continued to support declassification, including John McCain and Lindsey Graham.

The committee’s release will include a written rebuttal from the CIA and a dissent from Republicans. That critique is expected to make the point that the Senate Democratic staffers who conducted the research never interviewed CIA officials for their report and make assessments that are contradicted by other classified information not included in the final public report.

The release will not include internal CIA documents that the agency accused Feinstein’s staff of improperly removing from a CIA facility that had been set up for the investigators to work at. Feinstein said that her staff had removed the documents, including a review by Panetta, only after CIA officials tried to surreptitiously remove them from computers being used by the committee’s staff.

“What was unique and interesting about the internal documents was not their classification level, but rather their analysis and acknowledgement of significant CIA wrongdoing,” Feinstein said on the Senate floor in July. “The interrogations and the conditions of confinement at the CIA detention sites were far different and far more harsh than the way the CIA had described them to us.”

The report's release will undoubtedly set off an argument over who prevailed in the fight, Feinstein or the CIA. But the more important debate will be over what needs to be done to ensure that whatever abuses the report reveals are prevented from happening again.
Mazars and Deutsche Bank could have ended this nightmare before it started.
They could still get him out of office.
But instead, they want mass death.
Don’t forget that.
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