by Jay McDonough
There have been a couple big developments in the last couple days in
the unveiling of how the U.S. came to violate international law and the
Geneva Convention and began torturing detainees in the War on Terror.
The New York Times has a follow-up article
on the previously reported ABC News investigation that revealed high
level Bush Administration officials were directly involved in ordering
the torture of specific detainees. Newly released documents show
meetings ordering the torture were chaired by Secretary of State
Condoleeza Rice and attended by Defense Secretary Donald Rumsfeld,
Attorney General John Ashcroft and other high ranking members of the
Administration.
The
documents are a list of answers provided by Ms. Rice and John B.
Bellinger III, the former top lawyer at the National Security Council,
to detailed questions by the Senate Armed Services Committee, which is
investigating the abuse of detainees in American custody. The documents
were provided to The New York Times by Senator Carl Levin, chairman of
the committee.
“I
recall being told that U.S. military personnel were subjected in
training to certain physical and psychological interrogation techniques
and that these techniques had been deemed not to cause significant
physical or psychological harm,” Ms. Rice, now secretary of state,
wrote in response to one question. Still, Ms. Rice wrote that she
asked Mr. Ashcroft personally to review the program and “advise N.S.C.
principals whether the program was lawful.”
The
new documents do not specify dates for the White House meetings.
Current and former officials have said that the C.I.A. began using
harsh interrogation methods on Mr. Zubaydah in Thailand weeks before
the Justice Department formally authorized the interrogation program in
a secret memo dated Aug. 1, 2002.
That secret memo
from the President's Office of Legal Council, said U.S. forces can
legally do anything the President directs and the timeline is critical
(particularly for Rice, Rumsfeld et al.) Even if you believe the OLC's
judgment was correct (and pretty much no one does), this evidence
suggests torture was being conducted prior to that memo, and if that
torture came as a result of instruction from the Bush Administration
without any legal backing (however shaky the legal arguments of that
memo) there should be some serious legal ramifications for those
Administration members. (Note: for the definitive treatise on the U.S. implementation of torture, see Jane Mayer's "The Dark Side").
Today's Washington Post includes an article
on Army Lt. Col. Darrel Vandeveld, a prosecutor at Guantanamo who has
just quit his position. Citing ethical considerations, Col. Vandeveld
claims the prosecutors office has failed to turn over exculpatory
evidence in the trial of Mohammed Jawad. Jawad is accused of throwing
a grenade into a military jeep in Afghanistan and injuring two U.S.
soldiers and an Afghan interpreter.
"My
ethical qualms about continuing to serve as a prosecutor relate
primarily to the procedures for affording defense counsel discovery,"
wrote Vandeveld in his filing. "I am highly concerned, to the point
that I believe I can no longer serve as a prosecutor at the
Commissions, about the slipshod, uncertain 'procedure' for affording
defense counsel discovery."
Vandeveld's
departure is the latest blow to the military trials process and a
prosecutor's office that has been buffeted by resignations over issues
of fairness. Other officials have alleged that the leadership of the
military commissions is sacrificing principles of justice in a rush to
secure convictions.
Word
of Vandeveld's resignation came on the same day that a military judge
rejected a formal motion by Khalid Sheik Mohammed, the self-described
operational mastermind of the Sept. 11, 2001, attacks, to disqualify
himself because of bias and the possibility that his upcoming
retirement could disrupt the process.
(In
the trial of Khalid Sheik Mohammed), Defense attorneys said they will
seek to exclude from trial all evidence extracted under duress.
"Torture is at issue in this case," said Navy Lt. Cmdr. Brian Mizer,
who is representing Ammar al-Baluchi. "It is going to be at the very
center of this case."
Khalid
Sheik Mohammed is evil personified. It would be a great injustice if
he can't be found guilty of his crimes because any incriminating
evidence against him was derived by the use of illegal means by U.S.
interrogators.