Detainee 063

The aftermath of the declassification of John Yoo's memo essentially validating torture came with a footnote:

For at least 16 months after the Sept. 11 terror attacks in 2001, the Bush administration believed that the Constitution's protection against unreasonable searches and seizures on U.S. soil didn't apply to its efforts to protect against terrorism.

That view was expressed in a Justice Department legal memo dated Oct. 23, 2001. The administration on Wednesday stressed that it now disavows that view.

The October 2001 memo was written at the request of the White House by John Yoo, then the deputy assistant attorney general, and addressed to Alberto Gonzales, the White House counsel at the time. The administration had asked the department for an opinion on the legality of potential responses to terrorist activity.

The 37-page memo has not been released. Its existence was disclosed Tuesday in a footnote of a separate secret memo, dated March 14, 2003, released by the Pentagon in response to a Freedom of Information Act lawsuit by the American Civil Liberties Union.

Whoops!

As if the original memo wasn't bad enough, we now see that this theory of unlimited executive power permeated the thinking on practically every issue. What's interesting is the timing. The memo was written in October 2001. We know that the Administration asked the phone companies before 9-11 to gain access to their communications networks. This seems to me to be an after-the-fact justification, as the torture memo probably was as well. The need for these memos was to indemnify illegal conduct. And it came from the top down.

Some legal experts and advocates said Wednesday that the document, written the month that the United States invaded Iraq, adds to evidence that the abuse of prisoners in military custody may have involved signals from higher officials and not just irresponsible actions by low-level personnel [...]

Scott L. Silliman, head of the Center on Law, Ethics and National Security at Duke University and a former Air Force lawyer, said he did not believe that the 2003 memorandum directly caused mistreatment. But Mr. Silliman added, “The memo helped to build a culture that, in the absence of leadership from the highest ranks of the Pentagon, allowed the abuses at Abu Ghraib and elsewhere.”

Because opinions issued by the Office of Legal Counsel are “binding on the Defense Department,” Mr. Silliman said, Mr. Yoo’s opinion effectively sidelined military lawyers who strongly opposed harsh interrogation methods.

Indeed. So much for "bad apples". Yoo is trying to wiggle out of his own culpability for abuses like Abu Ghraib, but it's clear that he was part of the executive machine that sought harsher and more violent interrogation methods, ostensibly to gather information but essentially to show their enemies that they mean business. In an incredible story in Vanity Fair, Philippe Sands recounts the days of 2002, when the Administration was pushing for techniques that amounted to torture. It all started with one interrogation of one detainee in Guantanamo Bay.

On a table before us were three documents. The first was a November 2002 “action memo” written by William J. (Jim) Haynes II, the general counsel of the U.S. Department of Defense, to his boss, Donald Rumsfeld; the document is sometimes referred to as the Haynes Memo. Haynes recommended that Rumsfeld give “blanket approval” to 15 out of 18 proposed techniques of aggressive interrogation. Rumsfeld duly did so, on December 2, 2002, signing his name firmly next to the word “Approved.” Under his signature he also scrawled a few words that refer to the length of time a detainee can be forced to stand during interrogation: “I stand for 8–10 hours a day. Why is standing limited to 4 hours?”

The second document on the table listed the 18 proposed techniques of interrogation, all of which went against long-standing U.S. military practice as presented in the Army Field Manual. The 15 approved techniques included certain forms of physical contact and also techniques intended to humiliate and to impose sensory deprivation. They permitted the use of stress positions, isolation, hooding, 20-hour interrogations, and nudity. Haynes and Rumsfeld explicitly did not rule out the future use of three other techniques, one of which was waterboarding, the application of a wet towel and water to induce the perception of drowning.

The third document was an internal log that detailed the interrogation at Guantánamo of a man identified only as Detainee 063, whom we now know to be Mohammed al-Qahtani, allegedly a member of the 9/11 conspiracy and the so-called 20th hijacker. According to this log, the interrogation commenced on November 23, 2002, and continued until well into January. The techniques described by the log as having been used in the interrogation of Detainee 063 include all 15 approved by Rumsfeld [...]

We talked about the methods of interrogation. “In terms of their effects,” she said, “I suspect that the individual techniques are less important than the fact that they were used over an extended period of time, and that several appear to be used together: in other words, the cumulative effect.” Detainee 063 was subjected to systematic sleep deprivation. He was shackled and cuffed; at times, head restraints were used. He was compelled to listen to threats to his family. The interrogation leveraged his sensitivities as a Muslim: he was shown pictures of scantily clad models, was touched by a female interrogator, was made to stand naked, and was forcibly shaved. He was denied the right to pray. A psychiatrist who witnessed the interrogation of Detainee 063 reported the use of dogs, intended to intimidate “by getting the dogs close to him and then having the dogs bark or act aggressively on command.” The temperature was changed, and 063 was subjected to extreme cold. Intravenous tubes were forced into his body, to provide nourishment when he would not eat or drink.

We went through the marked-up document slowly, pausing at each blue mark. Detainee 063’s reactions were recorded with regularity. I’ll string some of them together to convey the impression:

Detainee began to cry. Visibly shaken. Very emotional. Detainee cried. Disturbed. Detainee began to cry. Detainee bit the IV tube completely in two. Started moaning. Uncomfortable. Moaning. Began crying hard spontaneously. Crying and praying. Very agitated. Yelled. Agitated and violent. Detainee spat. Detainee proclaimed his innocence. Whining. Dizzy. Forgetting things. Angry. Upset. Yelled for Allah.

The blue highlights went on and on.

Urinated on himself. Began to cry. Asked God for forgiveness. Cried. Cried. Became violent. Began to cry. Broke down and cried. Began to pray and openly cried. Cried out to Allah several times. Trembled uncontrollably.

And people wonder why 81% of the country thinks we're on the wrong track. Yes, there's the economic ruin, but more than that there's a malaise, a cancer, and it's borne from the sin of torture, one of the original sins coming out of this Administration, bullshit about inherent executive power and "new kinds of enemies" and wartime interpretations of commander-in-chief authority. It's truly the banality of evil - lawyers pushing papers around, writing memos sanctioning madness. The men and women who facilitated this monstrosity need accountability for these crimes and how much they've harmed this country. I've been out there in favor of a Truth and Reconciliation Commission for a while, whether it's government-led or simply citizen-led. There must be a reckoning.

UPDATE: Scott Horton at Harper's has more, particularly about how this memo was used to sidestep Pentagon concerns and do an end run around the military's lawyers. This last bit is powerful:

On the other hand, I was amazed speaking with colleagues today who expressed their “torture exhaustion.” “But we already knew all this,” one said to me. “But how can you know about it, know that the nightmare still hasn’t stopped, and not be infuriated?” I answered. “Have you abandoned all sense of ownership, or at least of participation, in the American idea?”

In the end, this whole affair is about political hack lawyers behaving badly and doing so with impunity: the arrival of a culture of alcoholic frat boys chortling as they turn coathangers into branding irons, come now to middle age. When the scandal erupted, Rumsfeld and his crew turned to a standard “soldiers are cannon fodder” response–let’s scapegoat some grunts, and then it’ll all die out, they reasoned. And some two dozen low-level soldiers were court-martialed. Serious officers, and more to the point, the political hacks who crafted the torture system and hammered it through faced no accountability in any form. They depart with a big party and go off to take in six-figure salaries as oil company executives, it seems. The heroic figures in uniform who stood against the criminality are intimidated, hounded, denied promotions, forced out of the service. It’s all like some dark parallel universe–not the America I thought I grew up in.

Silence will buy us a continuation of this corruption of our nation. But isn’t it worth raising your voice and articulating your anger to get our country back? It should start with insisting that Congress use the tools it has–oversight and the budget–to force changes. Say “no” to torture; it’s an easy first step on the road back to decency.