Washington, DC, April 3, 2012 – The State Department today released a February 2006 internal memo from the Department's then-counselor opposing Justice Department authorization for "enhanced interrogation techniques" by the CIA. All copies of the memo (Document 1), which reflect strong internal disagreement within the George W. Bush administration over the constitutionality of such techniques, were thought to have been destroyed. But the State Department located a copy and declassified it in response to a Freedom of Information Act request by the National Security Archive.
The author of the memo, Philip D. Zelikow, counselor to then-Secretary of State Condoleezza Rice, described the context of the memo in congressional testimony on May 13, 2009, and in an article he had previously published on foreignpolicy.comsite on April 21, 2009.
"At the time, in 2005 [and 2006]," he wrote, "I circulated an opposing view of the legal reasoning. My bureaucratic position, as counselor to the secretary of state, didn't entitle me to offer a legal opinion. But I felt obliged to put an alternative view in front of my colleagues at other agencies, warning them that other lawyers (and judges) might find the OLC views unsustainable."
OLC refers to the Justice Department's Office of Legal Counsel.
"My colleagues were entitled to ignore my views," he continued. "They did more than that: The White House attempted to collect and destroy all copies of my memo. I expect that one or two are still at least in the State Department's archives."
Zelikow attached two other memos to his May 2009 congressional testimony (Document 3) that were publicly released at that time (Document 4 and Document 5), but his February 2006 memo remained classified. In later public statements, Zelikow argued that the latter document should also be released since the OLC memos themselves had already been opened to the public by the Obama administration.
The memo released today, labeled "draft," concludes that because they violate the Constitutional ban on "cruel and unusual punishment," the CIA techniques of "waterboarding, walling, dousing, stress positions, and cramped confinement" were "the techniques least likely to be sustained" by the courts. Zelikow also wrote that "corrective techniques, such as slaps" were the "most likely to be sustained." The last sentence of the memo reads: "[C]ontrol conditions, such as nudity, sleep deprivation, and liquid diets, may also be sustainable, depending on the circumstances and details of how these techniques are used."
According to Zelikow's accounts, he authored the memo in an attempt to counter the Bush administration's dubious claim that CIA could still practice "enhanced interrogation" on enemy combatants despite the president's December 2005 signing into law of the McCain Amendment, which, in Zelikow's words, "extended the prohibition against cruel, inhuman, or degrading treatment to all conduct worldwide."
The Zelikow memo becomes the latest addition to The Torture Archive – the National Security Archive's online institutional memory for issues and documents (including the OLC's torture memos themselves) relating to rendition, detainees, interrogation, and torture.
Last week the Department of State released the “Zelikow Memo,” in response to a National Security Archive FOIA request. While less than the stalwart, principled, statement of righteous indignationagainst the United States’s use of torture that some have claimed, the memo does show that some within the Bush administration knew that the CIA’s practice of torture was illegal –and said so. We also know that the White House tried to have this view suppressed. As Philip Zelikow, the memo’s author, said in an interview, “Obviously, you want to eliminate records because you don’t want people to find them.” Fortunately, thanks to the Freedom of Information Act (and diligent and law-abiding records keepers from the Bureau of Intelligence and Research), those who wish to know the unvarnished history of “The War on Terror,” can come closer to doing so.
Information on US torture policies was not always available. The Bush administration’s disdain for the public’s right to know can be summed up in one infamous page from its highly-redacted May 2008 release of the CIA’s Inspector General’s report on
Torture Counterterrorism Detention and Interrogation Activities.
I posted this in USA and World News but it's better here.
24 October 12
ormer CIA agent John Kiriakou pleaded guilty Tuesday morning to crimes related to blowing the whistle on the US government's torture of suspected terrorists and was sentenced to two-and-a-half years in prison.
The Wall Street Journal reports that Kiriakou, 48, agreed to admit to one count of disclosing information identifying a covert agent early Tuesday, just hours after his attorney entered a change of plea in an Alexandria, Virginia courtroom outside of Washington, DC.
Kiriakou was originally charged under the Espionage Act of 1917 after he went public with the Central Intelligence Agency's use of waterboarding on captured insurgents in the wake of the September 11, 2001 terrorist attack. On Monday morning, though, legal counsel for the accused former CIA agent informed the court that Kiriakou was willing to plead guilty to a lesser crime.
Initially, Kiriakou pleaded not guilty to the charge that he had outted two intelligence agents directly tied to the drowning-simulation method by going to the press with their identities.
U.S. Novel use for Nuclear Waste: Depleted Uranium
Now we are seeing 50 per cent of children being born with malformations; in a few years it could be everyone."
Unfortunately the article doesn't report (estimate) the percentage of miscarriages.
It played unwilling host to one of the bloodiest battles of the Iraq war. Fallujah's homes and businesses were left shattered; hundreds of Iraqi civilians were killed. Its residents changed the name of their "City of Mosques" to "the polluted city" after the United States launched two massive military campaigns eight years ago. Now, one month before the World Health Organisation reveals its view on the legacy of the two battles for the town, a new study reports a "staggering rise" in birth defects among Iraqi children conceived in the aftermath of the war.
High rates of miscarriage, toxic levels of lead and mercury contamination and spiralling numbers of birth defects ranging from congenital heart defects to brain dysfunctions and malformed limbs have been recorded. Even more disturbingly, they appear to be occurring at an increasing rate in children born in Fallujah, about 40 miles west of Baghdad.
There is "compelling evidence" to link the increased numbers of defects and miscarriages to military assaults, says Mozhgan Savabieasfahani, one of the lead authors of the report and an environmental toxicologist at the University of Michigan's School of Public Health. Similar defects have been found among children born in Basra after British troops invaded, according to the new research.