Showing posts with label Michael Mukasey. Show all posts
Showing posts with label Michael Mukasey. Show all posts

Friday, March 12, 2010

Michael Mukasey's bait-and-switch: 'al Qaeda 7' for Yoo and Bybee

Turning to the op-ed page of the WSJ on Wednesday -- always a dangerous enterprise if you support the rule of law  -- I noted with satisfaction an op-ed by former attorney general Michael Mukasey titled, "Why You Shouldn't Judge a Lawyer by His Clients." It appeared that Mukasey was joining other Bush Administration attorneys and principled conservatives in denouncing the vicious smears of Liz Cheney against Justice Department lawyers and other attorneys who have defended Guantanamo detainees or otherwise worked to uphold the rule of law in the treatment of detainees.

While Mukasey's piece does defend those who defend "clients that were or became unpopular," the piece is a bait-and-switch, built on a false and dangerous equivalence that is sure to become a Republican talking point.  After noting perfunctorily that Bernie Madoff's lawyer was reviled, Mukasey turns to his true passion:
More recently, we've witnessed a campaign to impose professional discipline on two former Justice Department lawyers, John Yoo and Jay Bybee, for legal positions they took as to whether interrogation techniques devised and proposed by others were lawful—a campaign that also featured casual denunciations of them as purveyors of torture.
After then noting the denunciation of Justice Department attorneys who in private practice represented terrorist suspects or upheld their rights, Mukasey makes his move:

Thursday, April 23, 2009

"Did torture work?" is the wrong question - Ali Soufan shows why

Today's NYT op-ed by Ali Soufan, one of the FBI agents who interrogated Abu Zubaydah before the CIA entered the scene and began torturing him, shows that it's pointless to parse rival claims about whether Zubaydah gave up information ultimately leading to the capture of Khalid Shaikh Mohammed before or after the CIA began first subjecting him to cold, nakedness, incessant loud music and sleep deprivation, and later out-and-out torturing him. It's pointless, first, because the claim by Michael Hayden and Michael Mukasey that Zubaydah "was coerced into disclosing information that led to the capture of Ramzi bin al Shibh...who in turn disclosed information which -- when combined with what was learned from Abu Zubaydah -- helped lead to the capture of KSM and other senior terrorists" is simply false:
The information that led to Mr. Shibh’s capture came primarily from a different terrorist operative who was interviewed using traditional methods.
Even more important, arguments about whether specific bits of information were elicited by torture is ultimately beside the point. Leaving aside the undermining of U.S. civil liberties and America's standing in the world, torture undermines the interrogation process itself:

There was no actionable intelligence gained from using enhanced interrogation techniques on Abu Zubaydah that wasn’t, or couldn’t have been, gained from regular tactics. In addition, I saw that using these alternative methods on other terrorists backfired on more than a few occasions — all of which are still classified. The short sightedness behind the use of these techniques ignored the unreliability of the methods, the nature of the threat, the mentality and modus operandi of the terrorists, and due process...

One of the worst consequences of the use of these harsh techniques was that it reintroduced the so-called Chinese wall between the C.I.A. and F.B.I., similar to the communications obstacles that prevented us from working together to stop the 9/11 attacks. Because the bureau would not employ these problematic techniques, our agents who knew the most about the terrorists could have no part in the investigation. An F.B.I. colleague of mine who knew more about Khalid Shaikh Mohammed than anyone in the government was not allowed to speak to him.
Philip Zelikow, who interviewed Soufan for the 9/11 Commission, says that he "seemed to us to be one of the more impressive intelligence agents -- from any agency -- that we encountered in our work."

Having read many passionate claims by people I admire that torture always yields false information, I have feared that such assertions are too simple and too comforting. Soufan, who credibly claims to have obtained valuable results without coercion, provides an honorable practitioner's clarity. The point -- again leaving aside the damage torture does to the society that authorizes it -- is not that torture may never yield true information, but that it corrupts and short-circuits the painstaking, intense long-term engagement required to obtain a body of credible information. Torture yields an indistinguishable mishmash of truth and fiction conforming to what the torturers want to hear -- as when Zubaydah affirmed operational ties between al Qaeda and Iraq.

Tuesday, April 14, 2009

From the Ministry of Love

Andrew Sullivan, on how Bush's inner circle came to embrace torture:

It is as if neoconservatism came to believe that American exceptionalism also means that America, by virtue of its unique virtue, is uniquely empowered to commit evil and somehow thereby render it good.
Cf. Rudolph Giuliani, upon being told that his friend Michael B. Mukasey, Bush's nominee for Attorney General, said he wasn't sure whether waterboarding is torture (Oct. 25, 2007):

Well, I’m not sure it is either. I’m not sure it is either. It depends on how it’s done. It depends on the circumstances. It depends on who does it .

And George Bush: "we do not torture."

And finally, the the Table of Contents of the "ICRC Report On the Treatment of Fourteen 'High Value Detainees' in CIA Custody":

Introduction
1. Main Elements of the CIA Detention Program
1.1 Arrest and Transfer
1.2 Continuous Solitary Confinement and Incommunicado Detention
1.3 Other Methods of Ill-treatment
1.3.1 Suffocation by water
1.3.2 Prolonged Stress Standing
1.3.3 Beatings by use of a collar
1.3.4 Beating and kicking
1.3.5 Confinement in a box
1.3.6 Prolonged nudity
1.3.7 Sleep deprivation and use of loud music
1.3.8 Exposure to cold temperature/cold water
1.3.9 Prolonged use of handcuffs and shackles
1.3.10 Threats
1.3.11 Forced shaving
1.3.12 Deprivation/restricted provision of solid food
1.4 Further elements of the detention regime [cont.]
"We do not torture." As in, "when we do it, it's not torture."