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| US Torture: Voices from the Black Sites |
| By Mark Danner |
| Tags: ICRC, Black Sites, Torture |
| ICRC REPORT ON THE TREATMENT OF FOURTEEN “HIGH VALUE DETAINEES” IN CIA CUSTODY
1.We think time and elections will cleanse our fallen world but they will not. Since November, George W. Bush and his administration have seemed to be rushing away from us at accelerating speed, a dark comet hurtling toward the ends of the universe. The phrase “War on Terror”—the signal slogan of that administration, so cherished by the man who took pride in proclaiming that he was “a wartime president”—has acquired in its pronouncement a permanent pair of quotation marks, suggesting something questionable, something mildly embarrassing: something past. And yet the decisions that that president made, especially the monumental decisions taken after the attacks of September 11, 2001—decisions about rendition, surveillance, interrogation—lie strewn about us still, unclaimed and unburied, like corpses freshly dead. How should we begin to talk about this? Perhaps with a story. Stories come to us newborn, announcing their intent: Once upon a time… In the beginning… From such signs we learn how to listen to what will come. Consider: I woke up, naked, strapped to a bed, in a very white room. The room measured approximately 4m x 4m [13 feet by 13 feet]. The room had three solid walls, with the fourth wall consisting of metal bars separating it from a larger room. I am not sure how long I remained in the bed…. A man, unnamed, naked, strapped to a bed, and for the rest, the elemental facts of space and of time, nothing but whiteness. The storyteller is very much a man of our time. Early on in the “War on Terror,” in the spring of 2002, he entered the dark realm of “the disappeared”—and only four and a half years later, when he and thirteen other “high-value detainees” arrived at Guantánamo and told their stories in interviews with representatives of the International Committee of the Red Cross (reported in the confidential document listed above) did he emerge partly into the light. Indeed, he is a famous man, though his fame has followed a certain path, peculiar to our modern age: jihadist, outlaw, terrorist, “disappeared.” An international celebrity whose name, one of them anyway, is instantly recognizable. How many people have their lives described by the president of the United States in a nationally televised speech? Within months of September the 11th, 2001, we captured a man known as Abu Zubaydah. We believe that Zubaydah was a senior terrorist leader and a trusted associate of Osama bin Laden…. Zubaydah was severely wounded during the firefight that brought him into custody—and he survived only because of the medical care arranged by the CIA.[2] A dramatic story: big news. Wounded in a firefight in Faisalabad, Pakistan, shot in the stomach, groin, and thigh after jumping from a roof in a desperate attempt to escape. Massive bleeding. Rushed to a military hospital in Lahore. A trauma surgeon at Johns Hopkins awakened by a late-night telephone call from the director of central intelligence and flown in great secrecy to the other side of the world. The wounded man barely escapes death, slowly stabilizes, is shipped secretly to a military base in Thailand. Thence to another base in Afghanistan. Or was it Afghanistan? We don’t know, not definitively. For from the moment of his dramatic capture, on March 28, 2002, the man known as Abu Zubaydah slipped from one clandestine world, that of al-Qaeda officials gone to ground in the days after September 11, into another, a “hidden global internment network” intended for secret detention and interrogation and set up by the Central Intelligence Agency under authority granted directly by President George W. Bush in a “memorandum of understanding” signed on September 17, 2001. This secret system included prisons on military bases around the world, from Thailand and Afghanistan to Morocco, Poland, and Romania—”at various times,” reportedly, “sites in eight countries”—into which, at one time or another, more than one hundred prisoners…disappeared.[3] The secret internment network of “black sites” had its own air force and its own distinctive “transfer procedures,” which were, according to the writers of the International Committee of the Red Cross (ICRC) report, “fairly standardised in most cases” : The detainee would be photographed, both clothed and naked prior to and again after transfer. A body cavity check (rectal examination) would be carried out and some detainees alleged that a suppository (the type and the effect of such suppositories was unknown by the detainees), was also administered at that moment. The detainee would be made to wear a diaper and dressed in a tracksuit. Earphones would be placed over his ears, through which music would sometimes be played. He would be blindfolded with at least a cloth tied around the head and black goggles. In addition, some detainees alleged that cotton wool was also taped over their eyes prior to the blindfold and goggles being applied…. The detainee would be shackled by [the] hands and feet and transported to the airport by road and loaded onto a plane. He would usually be transported in a reclined sitting position with his hands shackled in front. The journey times…ranged from one hour to over twenty-four to thirty hours. The detainee was not allowed to go to the toilet and if necessary was obliged to urinate and defecate into the diaper. One works the imagination trying to picture what it was like in this otherworldly place: blackness in place of vision. Silence—or “sometimes” loud music—in place of sounds of life. Shackles, together sometimes with gloves, in place of the chance to reach, touch, feel. One senses metal on wrist and ankle, cotton against eyes, cloth across face, shit and piss against skin. On “some occasions detainees were transported lying flat on the floor of the plane…with their hands cuffed behind their backs,” causing them “severe pain and discomfort,” as they were moved from one unknown location to another. For his part, Abu Zubaydah—thirty-one years old, born Zein al-Abedeen Mohammad Hassan, in Riyadh, Saudi Arabia, though coming of Palestinian stock, from the Gaza Strip— alleged that during one transfer operation the blindfold was tied very tightly resulting in wounds to his nose and ears. He does not know how long the transfer took but, prior to the transfer, he reported being told by his detaining authorities that he would be going on a journey that would last twenty-four to thirty hours. A long trip then: perhaps to Guantánamo? Or Morocco? Then back, apparently, to Thailand. Or was it Afghanistan? He thinks the latter but can’t be sure…. 2.All classified, compartmentalized, deeply, deeply secret. And yet what is “secret” exactly? In our recent politics, “secret” has become an oddly complex word. From whom was “the secret bombing of Cambodia” secret? Not from the Cambodians, surely. From whom was the existence of these “secret overseas facilities” secret? Not from the terrorists, surely. From Americans, presumably. On the other hand, as early as 2002, anyone interested could read on the front page of one of the country’s leading newspapers: US Decries Abuse but Defends Interrogations: “Stress and Duress” Tactics Used on Terrorism Suspects Held in Secret Overseas Facilities Deep inside the forbidden zone at the US-occupied Bagram air base in Afghanistan, around the corner from the detention center and beyond the segregated clandestine military units, sits a cluster of metal shipping containers protected by a triple layer of concertina wire. The containers hold the most valuable prizes in the war on terrorism—captured al Qaeda operatives and Taliban commanders…. “If you don’t violate someone’s human rights some of the time, you probably aren’t doing your job,” said one official who has supervised the capture and transfer of accused terrorists. “I don’t think we want to be promoting a view of zero tolerance on this. That was the whole problem for a long time with the CIA….” This lengthy article, by Dana Priest and Barton Gellman, appeared in The Washington Post on December 26, 2002, only months after the capture of Abu Zubaydah. A similarly lengthy report followed a few months later on the front page of The New York Times (“Interrogations: Questioning Terror Suspects in a Dark and Surreal World”). The blithe, aggressive tone of the officials quoted—”We don’t kick the [expletive] out of them. We send them to other countries so they can kick the [expletive] out of them”—bespeaks a very different political temper, one in which a prominent writer in a national newsmagazine could headline his weekly column “Time to Think About Torture,” noting in his subtitle that in this “new world…survival might well require old techniques that seemed out of the question.”[4] So there are secrets and secrets. And when, on a bright sunny day two years ago, just before the fifth anniversary of the September 11 attacks, the President of the United States strode into the East Room of the White House and informed the high officials, dignitaries, and specially invited September 11 survivor families gathered in rows before him that the United States government had created a dark and secret universe to hold and interrogate captured terrorists—or, in the President’s words, “an environment where they can be held secretly [and] questioned by experts”—he was not telling a secret but instead converting a known and well-reported fact into an officially confirmed truth: In addition to the terrorists held at Guantánamo, a small number of suspected terrorist leaders and operatives captured during the war have been held and questioned outside the United States, in a separate program operated by the Central Intelligence Agency…. Many specifics of this program, including where these detainees have been held and the details of their confinement, cannot be divulged…. We knew that Abu Zubaydah had more information that could save innocent lives, but he stopped talking…. And so the CIA used an alternative set of procedures. These procedures were designed to be safe, to comply with our laws, our Constitution, and our treaty obligations. The Department of Justice reviewed the authorized methods extensively and determined them to be lawful. I cannot describe the specific methods used—I think you understand why…. I was watching the live broadcast that day and I remember the uncanny feeling that came over me as, having heard the President explain the virtues of this “alternative set of procedures,” I watched him stare straight into the camera and with fierce concentration and exaggerated emphasis intone once more: “The United States does not torture. It’s against our laws, and it’s against our values. I have not authorized it—and I will not authorize it.” He had convinced himself, I thought, of the truth of what he said. This speech, though not much noticed at the time, will stand, I believe, as George W. Bush’s most important: perhaps the only “historic” speech he ever gave. In telling his version of Abu Zubaydah’s story, and versions of the stories of Khaled Shaik Mohammed and others, the President took hold of many things that were already known but not acknowledged and, by means of the alchemical power of the leader’s voice, transformed them into acknowledged facts. He also, in his fervent defense of his government’s “alternative set of procedures” and his equally fervent denials that they constituted “torture,” set out before the country and the world the dark moral epic of the Bush administration, in the coils of whose contradictions we find ourselves entangled still. Later that month, Congress, facing the midterm elections, duly passed the President’s Military Commissions Act of 2006, which, among other things, sought to shelter from prosecution those who had applied the “alternative set of procedures” and had done so, said the President, “in a thorough and professional way.” At the same time, perhaps unwittingly, President Bush made it possible that day for those on whom the “alternative set of procedures” were performed eventually to speak. Even as the President set out before the country his version of what had happened to Abu Zubaydah and the others and argued for its necessity, he announced that he would bring him and thirteen of his fellow “high-value detainees” out of the dark world of the disappeared and into the light. Or, rather, into the twilight: the fourteen would be transferred to Guantánamo, the main acknowledged offshore prison, where—”as soon as Congress acts to authorize the military commissions I have proposed”—they “can face justice.” In the meantime, though, the fourteen would be “held in a high-security facility at Guantánamo” and the International Committee of the Red Cross would be “advised of their detention, and will have the opportunity to meet with them.” A few weeks later, from October 6 to 11 and then from December 4 to 14, 2006, officials of the International Committee of the Red Cross—among whose official and legally recognized duties is to monitor compliance with the Geneva Conventions and to supervise treatment of prisoners of war—traveled to Guantánamo and began interviewing “each of these persons in private” in order to produce a report that would “provide a description of the treatment and material conditions of detention of the fourteen during the period they were held in the CIA detention program,” periods ranging “from 16 months to almost four and a half years.” As the ICRC interviewers informed the detainees, their report was not intended to be released to the public but, “to the extent that each detainee agreed for it to be transmitted to the authorities,” to be given in strictest secrecy to officials of the government agency that had been in charge of holding them—in this case the Central Intelligence Agency, to whose acting general counsel, John Rizzo, the report was sent on February 14, 2007. Indeed, though almost all of the information in the report has names attached, and though annexes contain extended narratives drawn from interviews with three of the detainees, whose names are used, we do find a number of times in the document variations of this formula: “One of the detainees who did not wish his name to be transmitted to the authorities alleged…”—suggesting that at least one and perhaps more than one of the fourteen, who are, after all, still “held in a high-security facility at Guantánamo,” worried about repercussions that might come from what he had said. In virtually all such cases, the allegations made are echoed by other, named detainees; indeed, since the detainees were kept “in continuous solitary confinement and incommunicado detention” throughout their time in “the black sites,” and were kept strictly separated as well when they reached Guantánamo, the striking similarity in their stories, even down to small details, would seem to make fabrication extremely unlikely, if not impossible. “The ICRC wishes to underscore,” as the writers tell us in the introduction, “that the consistency of the detailed allegations provided separately by each of the fourteen adds particular weight to the information provided below.” The result is a document—labeled “confidential” and clearly intended only for the eyes of those senior American officials to whom the CIA’s Mr. Rizzo would show it—that tells a certain kind of story, a narrative of what happened at “the black sites” and a detailed description, by those on whom they were practiced, of what the President of the United States described to Americans as an “alternative set of procedures.” It is a document for its time, literally “impossible to put down,” from its opening page— Contents 1.3.4 Beating and kicking —to its stark and unmistakable conclusion: The allegations of ill-treatment of the detainees indicate that, in many cases, the ill-treatment to which they were subjected while held in the CIA program, either singly or in combination, constituted torture. In addition, many other elements of the ill-treatment, either singly or in combination, constituted cruel, inhuman or degrading treatment. Such unflinching clarity, from the body legally charged with overseeing compliance with the Geneva Conventions—in which the terms “torture” and “cruel, inhuman, and degrading treatment” are accorded a strictly defined legal meaning—couldn’t be more significant, or indeed more welcome after years in which the President of the United States relied on the power of his office either to redefine or to obfuscate what are relatively simple words. “This debate is occurring,” as President Bush told reporters in the Rose Garden the week after he delivered his East Room speech, because of the Supreme Court’s ruling that said that we must conduct ourselves under the Common Article III of the Geneva Convention. And that Common Article III says that, you know, there will be no outrages upon human dignity. It’s like—it’s very vague. What does that mean, “outrages upon human dignity”?[5] In allowing Abu Zubaydah and the other thirteen “high-value detainees” to tell their own stories, this report manages to answer, with great power and authority, the President’s question. 3.We return to a man, Abu Zubaydah, a Palestinian who, in his thirty-one years, has lived a life shaped by conflicts on the edge of the American consciousness: the Gaza Strip, where his parents were born; Riyadh, Saudi Arabia, where he apparently first saw the light of day; Soviet-occupied Afghanistan, where he took part in the jihad against the Russians, perhaps with the help, directly or indirectly, of American dollars; then, post-Soviet Afghanistan, where he ran al-Qaeda logistics and recruitment, directing aspiring jihadists to the various training camps, placing them in cells after they’d been trained. The man has been captured now: traced to a safe house in Faisalabad, gravely wounded by three shots from an AK-47. He is rushed to the Faisalabad hospital, then to the military hospital at Lahore. When he opens his eyes he finds at his bedside an American, John Kiriakou of the CIA: I asked him in Arabic what his name was. And he shook his head. And I asked him again in Arabic. And then he answered me in English. And he said that he would not speak to me in God’s language. And then I said, “That’s okay. We know who you are.” And then he asked me to smother him with a pillow. And I said, “No, no. We have plans for you.”[6] Kiriakou and the “small group of CIA and FBI people who just kept 24/7 eyes on him” knew that in Abu Zubaydah they had “the biggest fish that we had caught. We knew he was full of information…and we wanted to get it.” According to Kiriakou, on a table in the house where they found him “Abu Zubaydah and two other men were building a bomb. The soldering [iron] was still hot. And they had plans for a school on the table….” The plans, Kiriakou told ABC News correspondent Brian Ross, were for the British school in Lahore. Their prisoner, they knew, was “very current. On top of the current threat information.” With the help of the American trauma surgeon, Abu Zubaydah’s captors nursed him back to health. He was moved at least twice, first, reportedly, to Thailand; then, he believes, to Afghanistan, probably Bagram. In a safe house in Thailand the interrogation began: I woke up, naked, strapped to a bed, in a very white room. The room measured approximately [13 feet by 13 feet]. The room had three solid walls, with the fourth wall consisting of metal bars separating it from a larger room. I am not sure how long I remained in the bed. After some time, I think it was several days, but can’t remember exactly, I was transferred to a chair where I was kept, shackled by [the] hands and feet for what I think was the next 2 to 3 weeks. During this time I developed blisters on the underside of my legs due to the constant sitting. I was only allowed to get up from the chair to go [to] the toilet, which consisted of a bucket. Water for cleaning myself was provided in a plastic bottle. I was given no solid food during the first two or three weeks, while sitting on the chair. I was only given Ensure [a nutrient supplement] and water to drink. At first the Ensure made me vomit, but this became less with time. The cell and room were air-conditioned and were very cold. Very loud, shouting type music was constantly playing. It kept repeating about every fifteen minutes twenty-four hours a day. Sometimes the music stopped and was replaced by a loud hissing or crackling noise. The guards were American, but wore masks to conceal their faces. My interrogators did not wear masks. During this first two to three week period I was questioned for about one to two hours each day. American interrogators would come to the room and speak to me through the bars of the cell. During the questioning the music was switched off, but was then put back on again afterwards. I could not sleep at all for the first two to three weeks. If I started to fall asleep one of the guards would come and spray water in my face. A naked man chained in a small, very cold, very white room is for several days strapped to a bed, then for several weeks shackled to a chair, bathed unceasingly in white light, bombarded constantly with loud sound, deprived of food; and whenever, despite cold, light, noise, hunger, the hours and days force his eyelids down, cold water is sprayed in his face to force them up. One can translate these procedures into terms of art: “Change of Scenery Down.” “Removal of Clothing.” “Use of Stress Positions.” “Dietary Manipulation.” “Environmental Manipulation.” “Sleep Adjustment.” “Isolation.” “Sleep Deprivation.” “Use of Noise to Induce Stress.” All these terms and many others can be found, for example, in documents associated with the debate about interrogation and “counter-resistance” carried on by Pentagon and Justice Department officials beginning in 2002. Here, however, we find a different standard: the Working Group says, for example, that “Sleep Deprivation” is “not to exceed 4 days in succession,” that “Dietary Manipulation” should include “no intended deprivation of food or water,” that “removal of clothing,” while “creating a feeling of helplessness and dependence,” must be “monitored to ensure the environmental conditions are such that this technique does not injure the detainee.”[7] Here we are in a different place. But what place? Abu Zubaydah was not only the “biggest fish that we had caught” but the first big fish. According to Kiriakou, Zubaydah, as he recovered, had “wanted to talk about current events. He told us a couple of times that he had nothing personal against the United States…. He said that 9/11 was necessary. That although he didn’t think that there would be such a massive loss of life, his view was that 9/11 was supposed to be a wake-up call to the United States.” In those initial weeks of healing, before the white room and the chair and the light, Zubaydah seems to have talked freely with his captors, and during this time, according to news reports, FBI agents began to question him using “standard interview techniques,” ensuring that he was bathed and his bandages changed, urging improved medical care, and trying to “convince him they knew details of his activities.” (They showed him, for example, a “box of blank audiotapes which they said contained recordings of his phone conversations, but were actually empty.”) According to this account, Abu Zubaydah, in the initial days before the white room, “began to provide intelligence insights into Al Qaeda.”[8] Or did he? “How Good Is Abu Zubaydah’s Information?” asked a Newsweek “Web exclusive” on April 27, 2002, less than a month after his capture. The extreme secrecy and isolation in which Abu Zubaydah was being held, at a location unknown to him and to all but a tiny handful of government officials, did not prevent his “information” being leaked from that unknown place directly into the American press—in the cause, apparently, of a bureaucratic struggle between the FBI and the CIA. Even Americans who were not following closely the battling leaks from Zubaydah’s interrogation would have found their lives affected, whether they knew it or not, by what was happening in that faraway white room; for about the same time the Bush administration saw fit to issue two “domestic terrorism warnings,” derived from Abu Zubaydah’s “tips”—about “possible attacks on banks or financial institutions in the Northeastern United States” and possible “attacks on US supermarkets and shopping malls.” As Newsweek learned from a “senior US official,” presumably from the FBI—whose “standard interview techniques” had produced that information and the “domestic terrorism warnings” based on it—the prisoner was “providing detailed information for the ‘fight against terrorism.’” At the same time, however, “US intelligence sources”—presumably CIA—”wonder whether he’s trying to mislead investigators or frighten the American public.”[9] For his part, John Kiriakou, the CIA man, told ABC News that in those early weeks Zubaydah was “willing to talk about philosophy, [but] he was unwilling to give us any actionable intelligence.” The CIA officers had the “sweeping classified directive signed by Mr. Bush,” giving them authority to “capture, detain and interrogate terrorism suspects,” and Zubaydah was “a test case for an evolving new role,...in which the agency was to act as jailer and interrogator of terrorism suspects.” Eventually a team from the CIA’s Counterterrorism Center was “sent in from Langley” and the FBI interrogators were withdrawn. We had these trained interrogators who were sent to his location to use the enhanced techniques as necessary to get him to open up, and to report some threat information…. These enhanced techniques included everything from what was called an attention shake, where you grab the person by their lapels and shake them, all the way up to the other end, which is waterboarding. They began, apparently, by shackling him to the chair, and applying light, noise, and water to keep him awake. After two or three weeks of this Abu Zubaydah, still naked and shackled, was allowed to lie on the bare floor and to “sleep a little.” He was also given solid food—rice—for the first time. Eventually a doctor, a woman, came and examined him, and “asked why I was still naked.” The next day he was “provided with orange clothes to wear.” The following day, however, “guards came into my cell. They told me to stand up and raise my arms above my head. They then cut the clothes off of me so that I was again naked and put me back on the chair for several days. I tried to sleep on the chair, but was again kept awake by the guards spraying water in my face.” What follows is a confusing period, in which harsh treatment alternated with more lenient. Zubaydah was mostly naked and cold, “sometimes with the air conditioning adjusted so that, one official said, Mr. Zubayah seemed to turn blue.”[10] Sometimes clothing would be brought, then removed the next day. “When my interrogators had the impression that I was cooperating and providing the information they required, the clothes were given back to me. When they felt I was being less cooperative the clothes were again removed and I was again put back on the chair.” At one point he was supplied with a mattress, at another he was “allowed some tissue It is difficult to know whether these alterations in attitude and procedure were intended, meant to keep the detainee off-guard, or resulted from disputes about strategy among the interrogators, who were relying on a hastily assembled “alternative set of procedures” that had been improvised from various sources, including scientists and psychiatrists within the intelligence community, experts from other, “friendly” governments, and consultants who had worked with the US military and now “reverse-engineered” the resistance training taught to American elite forces to help them withstand interrogation after capture. The forerunners of some of the theories being applied in these interrogations, involving sensory deprivation, disorientation, guilt and shame, so-called “learned helplessness,” and the need to induce “the debility-dependence-dread state,” can be found in CIA documents dating back nearly a half-century, such as this from a notorious “counterintelligence interrogation” manual of the early 1960s: The circumstances of detention are arranged to enhance within the subject his feelings of being cut off from the known and the reassuring, and of being plunged into the strange…. Control of the source’s environment permits the interrogator to determine his diet, sleep pattern and other fundamentals. Manipulating these into irregularities, so that the subject becomes disorientated, is very likely to create feelings of fear and helplessness.[11] A later version of the same manual emphasizes the importance of guilt: “If the ‘questioner’ can intensify these guilt feelings, it will increase the subject’s anxiety and his urge to cooperate as a means of escape.” Isolation and sensory deprivation will “induce regression” and the “loss of those defenses most recently acquired by civilized man,” while the imposition of “stress positions” that in effect force the subject “to harm himself” will produce a guilt leading to an irresistible desire to cooperate with his interrogators. 4.Two and a half months after Abu Zubaydah woke up strapped to a bed in the white room, the interrogation resumed “with more intensity than before” : Two black wooden boxes were brought into the room outside my cell. One was tall, slightly higher than me and narrow. Measuring perhaps in area [3 1/2 by 2 1/2 feet by 6 1/2 feet high]. The other was shorter, perhaps only [3 1/2 feet] in height. I was taken out of my cell and one of the interrogators wrapped a towel around my neck, they then used it to swing me around and smash me repeatedly against the hard walls of the room. I was also repeatedly slapped in the face…. I was then put into the tall black box for what I think was about one and a half to two hours. The box was totally black on the inside as well as the outside…. They put a cloth or cover over the outside of the box to cut out the light and restrict my air supply. It was difficult to breathe. When I was let out of the box I saw that one of the walls of the room had been covered with plywood sheeting. From now on it was against this wall that I was then smashed with the towel around my neck. I think that the plywood was put there to provide some absorption of the impact of my body. The interrogators realized that smashing me against the hard wall would probably quickly result in physical injury. One is reminded here that Abu Zubaydah was not alone with his interrogators, that everyone in that white room—guards, interrogators, doctor—was in fact linked directly, and almost constantly, to senior intelligence officials on the other side of the world. “It wasn’t up to individual interrogators to decide, ‘Well, I’m gonna slap him. Or I’m going to shake him. Or I’m gonna make him stay up for 48 hours,” said John Kiriakou. Each one of these steps…had to have the approval of the Deputy Director for Operations. So before you laid a hand on him, you had to send in the cable saying, “He’s uncooperative. Request permission to do X.” And that permission would come…. The cable traffic back and forth was extremely specific. And the bottom line was these were very unusual authorities that the agency got after 9/11. No one wanted to mess them up. No one wanted to get in trouble by going overboard.… No one wanted to be the guy who accidentally did lasting damage to a prisoner. Smashing against hard walls before Zubaydah enters the tall black coffin-like box; sudden appearance of plywood sheeting affixed to the wall for him to be smashed against when he emerges. Perhaps the deputy director of operations, pondering the matter in his Langley, Virginia, office, suggested the plywood? Or perhaps it was someone higher up? Shortly after Abu Zubaydah was captured, according to ABC News, CIA officers “briefed high-level officials in the National Security Council’s Principals Committee,” including Vice President Dick Cheney, National Security Adviser Condoleezza Rice, and Attorney General John Ashcroft, who “then signed off on the [interrogation] plan.” At the time, the spring and summer of 2002, the administration was devising what some referred to as a “golden shield” from the Justice Department—the legal rationale that was embodied in the infamous “torture memorandum,” written by John Yoo and signed by Jay Bybee in August 2002, which claimed that for an “alternative procedure” to be considered torture, and thus illegal, it would have to cause pain of the sort “that would be associated with serious physical injury so severe that death, organ failure, or permanent damage resulting in a loss of significant body function will likely result.” The “golden shield” presumably would protect CIA officers from prosecution. Still, Director of Central Intelligence George Tenet regularly brought directly to the attention of the highest officials of the government specific procedures to be used on specific detainees—”whether they would be slapped, pushed, deprived of sleep or subject to simulated drowning”—in order to seek reassurance that they were legal. According to the ABC report, the briefings of principals were so detailed and frequent that “some of the interrogation sessions were almost choreographed.” At one such meeting, John Ashcroft, then attorney general, reportedly demanded of his colleagues, “Why are we talking about this in the White House? History will not judge this kindly.”[12] We do not know if the plywood appeared in Zubaydah’s white room thanks to orders from his interrogators, from their bosses at Langley, or perhaps from their superiors in the White House. We don’t know the precise parts played by those responsible for “choreographing” the “alternative set of procedures.” We do know from several reports that at a White House meeting in July 2002 top administration lawyers gave the CIA “the green light” to move to the “more aggressive techniques” that were applied to him, separately and in combination, during the following days: After the beating I was then placed in the small box. They placed a cloth or cover over the box to cut out all light and restrict my air supply. As it was not high enough even to sit upright, I had to crouch down. It was very difficult because of my wounds. The stress on my legs held in this position meant my wounds both in the leg and stomach became very painful. I think this occurred about 3 months after my last operation. It was always cold in the room, but when the cover was placed over the box it made it hot and sweaty inside. The wound on my leg began to open and started to bleed. I don’t know how long I remained in the small box, I think I may have slept or maybe fainted. I was then dragged from the small box, unable to walk properly and put on what looked like a hospital bed, and strapped down very tightly with belts. A black cloth was then placed over my face and the interrogators used a mineral water bottle to pour water on the cloth so that I could not breathe. After a few minutes the cloth was removed and the bed was rotated into an upright position. The pressure of the straps on my wounds was very painful. I vomited. The bed was then again lowered to horizontal position and the same torture carried out again with the black cloth over my face and water poured on from a bottle. On this occasion my head was in a more backward, downwards position and the water was poured on for a longer time. I struggled against the straps, trying to breathe, but it was hopeless. I thought I was going to die. I lost control of my urine. Since then I still lose control of my urine when under stress. I was then placed again in the tall box. While I was inside the box loud music was played again and somebody kept banging repeatedly on the box from the outside. I tried to sit down on the floor, but because of the small space the bucket with urine tipped over and spilt over me…. I was then taken out and again a towel was wrapped around my neck and I was smashed into the wall with the plywood covering and repeatedly slapped in the face by the same two interrogators as before. I was then made to sit on the floor with a black hood over my head until the next session of torture began. The room was always kept very cold. This went on for approximately one week. During this time the whole procedure was repeated five times. On each occasion, apart from one, I was suffocated once or twice and was put in the vertical position on the bed in between. On one occasion the suffocation was repeated three times. I vomited each time I was put in the vertical position between the suffocation. During that week I was not given any solid food. I was only given Ensure to drink. My head and beard were shaved everyday. I collapsed and lost consciousness on several occasions. Eventually the torture was stopped by the intervention of the doctor. I was told during this period that I was one of the first to receive these interrogation techniques, so no rules applied. It felt like they were experimenting and trying out techniques to be used later on other people. 5.All evidence from the ICRC report suggests that Abu Zubaydah’s informant was telling him the truth: he was the first, and, as such, a guinea pig. Some techniques are discarded. The coffin-like black boxes, for example, barely large enough to contain a man, one six feet tall and the other scarcely more than three feet, which seem to recall the sensory-deprivation tanks used in early CIA-sponsored experiments, do not reappear. Neither does the “long-time sitting”—the weeks shackled to a chair—that Abu Zubaydah endured in his first few months. Nudity, on the other hand, is a constant in the ICRC report, as are permanent shackling, the “cold cell,” and the unceasing loud music or noise. Sometimes there is twenty-four-hour light, sometimes constant darkness. Beatings, also, and smashing against the walls seem to be favored procedures; often, the interrogators wear gloves. In later interrogations new techniques emerge, of which “long-time standing” and the use of cold water are notable. Walid Bin Attash, a Yemeni national involved with planning the attacks on the US embassies in Africa in 1998 and on the USS Cole in 2000, was captured in Karachi on April 29, 2003: On arrival at the place of detention in Afghanistan I was stripped naked. I remained naked for the next two weeks. I was put in a cell measuring approximately [3 1/2 by 6 1/2 feet]. I was kept in a standing position, feet flat on the floor, but with my arms above my head and fixed with handcuffs and a chain to a metal bar running across the width of the cell. The cell was dark with no light, artificial or natural. During the first two weeks I did not receive any food. I was only given Ensure and water to drink. A guard would come and hold the bottle for me while I drank…. The toilet consisted of a bucket in the cell…. I was not allowed to clean myself after using the bucket. Loud music was playing twenty-four hours each day throughout the three weeks I was there. This “forced standing,” with arms shackled above the head, a favorite Soviet technique ( stoika ) that seems to have become standard procedure after Abu Zubaydah, proved especially painful for Bin Attash, who had lost a leg fighting in Afghanistan: After some time being held in this position my stump began to hurt so I removed my artificial leg to relieve the pain. Of course my good leg then began to ache and soon started to give way so that I was left hanging with all my weight on my wrists. I shouted for help but at first nobody came. Finally, after about one hour a guard came and my artificial leg was given back to me and I was again placed in the standing position with my hands above my head. After that the interrogators sometimes deliberately removed my artificial leg in order to add extra stress to the position…. By his account, Bin Attash was kept in this position for two weeks—”apart [from] two or three times when I was allowed to lie down.” Though “the methods used were specifically designed not to leave marks,” the cuffs eventually “cut into my wrists and made wounds. When this happened the doctor would be called.” At a second location, where Bin Attash was again stripped naked and placed “in a standing position with my arms above my head and fixed with handcuffs and a chain to a metal ring in the ceiling,” a doctor examined his lower leg every day—”using a tape measure for signs of swelling.” I do not remember for exactly how many days I was kept standing, but I think it was about ten days…. During the standing I was made to wear a diaper. However, on some occasions the diaper was not replaced and so I had to urinate and defecate over myself. I was washed down with cold water everyday. Cold water was used on Bin Attash in combination with beatings and the use of a plastic collar, which seems to have been a refinement of the towel that had been looped around Abu Zubaydah’s neck: Every day for the first two weeks I was subjected to slaps to my face and punches to my body during interrogation. This was done by one interrogator wearing gloves…. Also on a daily basis during the first two weeks a collar was looped around my neck and then used to slam me against the walls of the interrogation room. It was also placed around my neck when being taken out of my cell for interrogation and was used to lead me along the corridor. It was also used to slam me against the walls of the corridor during such movements. Also on a daily basis during the first two weeks I was made to lie on a plastic sheet placed on the floor which would then be lifted at the edges. Cold water was then poured onto my body with buckets…. I would be kept wrapped inside the sheet with the cold water for several minutes. I would then be taken for interrogation…. Bin Attash notes that in the “second place of detention”—where he was put in the diaper—”they were rather more sophisticated than in Afghanistan because they had a hose-pipe with which to pour the water over me.” 6.A clear method emerges from these accounts, based on forced nudity, isolation, bombardment with noise and light, deprivation of sleep and food, and repeated beatings and “smashings”—though from this basic model one can see the method evolve, from forced sitting to forced standing, for example, and acquire new elements, like immersion in cold water. Khaled Shaik Mohammed, the key planner of the September 11 attacks who was captured in Rawalpindi on March 1, 2003—nine of the fourteen “high-value detainees” were apprehended in Pakistan—and, after a two-day detention in Pakistan during which he alleges that a “CIA agent…punched him several times in the stomach, chest and face [and]...threw him on the floor and trod on his face,” was sent to Afghanistan using the standard “transfer procedures.” (“My eyes were covered with a cloth tied around my head and with a cloth bag pulled over it. A suppository was inserted into my rectum. I was not told what the suppository was for.”) In Afghanistan, he was stripped and placed in a small cell, where he “was kept in a standing I was taken to another room where I was made to stand on tiptoes for about two hours during questioning. Approximately thirteen persons were in the room. These included the head interrogator (a man) and two female interrogators, plus about ten muscle guys wearing masks. I think they were all Americans. From time to time one of the muscle guys would punch me in the chest and stomach. These “full-dress” interrogations—where the detainee stands naked, on tiptoe, amid a crowd of thirteen people, including “ten muscle guys wearing masks”—were periodically interrupted by the detainee’s removal to a separate room for additional procedures: Here cold water from buckets was thrown onto me for about forty minutes. Not constantly as it took time to refill the buckets. After which I would be taken back to the interrogation room. On one occasion during the interrogation I was offered water to drink, when I refused I was again taken to another room where I was made to lie [on] the floor with three persons holding me down. A tube was inserted into my anus and water poured inside. Afterwards I wanted to go to the toilet as I had a feeling as if I had diarrhoea. No toilet access was provided until four hours later when I was given a bucket to use. Whenever I was returned to my cell I was always kept in the standing position with my hands cuffed and chained to a bar above my head. After three days in what he believes was Afghanistan, Mohammed was again dressed in a tracksuit, blindfold, hood, and headphones, and shackled and placed aboard a plane “sitting, leaning back, with my hands and ankles shackled in a high chair.” He quickly fell asleep—”the first proper sleep in over five days”—and remains unsure of how long the journey took. On arrival, however, he realized he had come a long way: I could see at one point there was snow on the ground. Everybody was wearing black, with masks and army boots, like Planet-X people. I think the country was Poland. I think this because on one occasion a water bottle was brought to me without the label removed. It had [an] e-mail address ending in ”.pl.” He was stripped and put in a small cell “with cameras where I was later informed by an interrogator that I was monitored 24 hours a day by a doctor, psychologist and interrogator.” He believes the cell was underground because one had to descend steps to reach it. Its walls were of wood and it measured about ten by thirteen feet. It was in this place, according to Mohammed, that “the most intense interrogation occurred, led by three experienced CIA interrogators, all over 65 years old and all strong and well trained.” They informed him that they had received the “green light from Washington” to give him ” a hard time.” “They never used the word ‘torture’ and never referred to ‘physical pressure,’ only to ’ a hard time. ’ I was never threatened with death, in fact I was told that they would not allow me to die, but that I would be brought to the ’ verge of death and back again.’” I was kept for one month in the cell in a standing position with my hands cuffed and shackled above my head and my feet cuffed and shackled to a point in the floor. Of course during this month I fell asleep on some occasions while still being held in this position. This resulted in all my weight being applied to the handcuffs around my wrist resulting in open and bleeding wounds. [Scars consistent with this allegation were visible on both wrists as well as on both ankles.] Both my feet became very swollen after one month of almost continual standing.[13] For interrogation, Mohammed was taken to a different room. The sessions last for as long as eight hours and as short as four. The number of people present varied greatly from one day to another. Other interrogators, including women, were also sometimes present…. A doctor was usually also present. If I was perceived not to be cooperating I would be put against a wall and punched and slapped in the body, head and face. A thick flexible plastic collar would also be placed around my neck so that it could then be held at the two ends by a guard who would use it to slam me repeatedly against the wall. The beatings were combined with the use of cold water, which was poured over me using a hose-pipe. The beatings and use of cold water occurred on a daily basis during the first month. Like Abu Zubaydah; like Abdelrahim Hussein Abdul Nashiri, a Saudi who was captured in Dubai in October 2002, Mohammed was also subjected to waterboarding, by his account on five occasions: I would be strapped to a special bed, which could be rotated into a vertical position. A cloth would be placed over my face. Cold water from a bottle that had been kept in a fridge was then poured onto the cloth by one of the guards so that I could not breathe…. The cloth was then removed and the bed was put into a vertical position. The whole process was then repeated during about one hour. Injuries to my ankles and wrists also occurred during the water-boarding as I struggled in the panic of not being able to breath. Female interrogators were also present…and a doctor was always present, standing out of sight behind the head of [the] bed, but I saw him when he came to fix a clip to my finger which was connected to a machine. I think it was to measure my pulse and oxygen content in my blood. So they could take me to [the] breaking point. As with Zubaydah, the harshest sessions of interrogation involved the “alternative set of procedures” used in sequence and in combination, one technique intensifying the effects of the others: The beatings became worse and I had cold water directed at me from a hose-pipe by guards while I was still in my cell. The worst day was when I was beaten for about half an hour by one of the interrogators. My head was banged against the wall so hard that it started to bleed. Cold water was poured over my head. This was then repeated with other interrogators. Finally I was taken for a session of water boarding. The torture on that day was finally stopped by the intervention of the doctor. I was allowed to sleep for about one hour and then put back in my cell standing with my hands shackled above my head. Reading the ICRC report, one becomes eventually somewhat inured to the “alternative set of procedures” as they are described: the cold and repeated violence grows numbing. Against this background, the descriptions of daily life of the detainees in the black sites, in which interrogation seems merely a periodic heightening of consistently imposed brutality, become more striking. Here again is Mohammed: After each session of torture I was put into a cell where I was allowed to lie on the floor and could sleep for a few minutes. However, due to shackles on my ankles and wrists I was never able to sleep very well….The toilet consisted of a bucket in the cell, which I could use on request [he was shackled standing, his hands affixed to the ceiling], but I was not allowed to clean myself after toilet during the first month…. During the first month I was not provided with any food apart from on two occasions as a reward for perceived cooperation. I was given Ensure to drink every 4 hours. If I refused to drink then my mouth was forced open by the guard and it was poured down my throat by force…. At the time of my arrest I weighed 78kg. After one month in detention I weighed 60kg. I wasn’t given any clothes for the first month. Artificial light was on 24 hours a day, but I never saw sunlight. 7.Q : Mr. President,...this is a moral question: Is torture ever justified? President George W. Bush : Look, I’m going to say it one more time…. Maybe I can be more clear. The instructions went out to our people to adhere to law. That ought to comfort you. We’re a nation of law. We adhere to laws. We have laws on the books. You might look at these laws, and that might provide comfort for you. —Sea Island, Georgia, June 10, 2004 Abu Zubaydah, Walid Bin Attash, Khaled Shaik Mohammed—these men almost certainly have blood on their hands, a great deal of blood. There is strong reason to believe that they had critical parts in planning and organizing terrorist operations that caused the deaths of thousands of people. So in all likelihood did the other twelve “high-value detainees” whose treatment while secretly confined by agents of the US government is described with such gruesome particularity in the report of the International Committee of the Red Cross. From everything we know, many or all of these men deserve to be tried and punished—to be “brought to justice,” as President Bush, in his speech to the American people on September 6, 2006, vowed they would be. It seems unlikely that they will be brought to justice anytime soon. In mid-January, Susan J. Crawford, who had been appointed by the Bush administration to decide which Guantánamo detainees should be tried before military commissions, declined to refer to trial Mohammed al-Qahtani, who was to have been among the September 11 hijackers but who had been turned back by immigration officials at Orlando International Airport. After he was captured in Afghanistan in late 2002, Qahtani was imprisoned in Guantánamo and interrogated by Department of Defense intelligence officers. Crawford, a retired judge and former general counsel of the army, told TheWashington Post that she had concluded that Qahtani’s “treatment met the legal definition of torture.” The techniques they used were all authorized, but the manner in which they applied them was overly aggressive and too persistent…. You think of torture, you think of some horrendous physical act done to an individual. This was not any one particular act; this was just a combination of things that had a medical impact on him, that hurt his health. It was abusive and uncalled for. And coercive. Clearly coercive.[14] Qahtani’s interrogation at Guantánamo, accounts of which have appeared in Time and The Washington Post, was intense and prolonged, stretching for fifty consecutive days beginning in the late fall of 2002, and led to his hospitalization on at least two occasions. Some of the techniques used, including longtime sitting in restraints, prolonged exposure to cold, loud music, and noise, and sleep deprivation, recall those described in the ICRC report. If the “coercive” and “abusive” interrogation of Qahtani makes trying him impossible, one may doubt that any of the fourteen “high-value detainees” whose accounts are given in this report will ever be tried and sentenced in an internationally recognized and sanctioned legal proceeding. In the case of men who have committed great crimes, this seems to mark perhaps the most important and consequential sense in which “torture doesn’t work.” The use of torture deprives the society whose laws have been so egregiously violated of the possibility of rendering justice. Torture destroys justice. Torture in effect relinquishes this sacred right in exchange for speculative benefits whose value is, at the least, much disputed. John Kiriakou, the CIA officer who witnessed part of Zubaydah’s interrogation, described to Brian Ross of ABC News what happened after Zubaydah was waterboarded: He resisted. He was able to withstand the water boarding for quite some time. And by that I mean probably 30, 35 seconds…. And a short time afterwards, in the next day or so, he told his interrogator that Allah had visited him in his cell during the night and told him to cooperate because his cooperation would make it easier on the other brothers who had been captured. And from that day on he answered every question just like I’m sitting here speaking to you…. The threat information that he provided disrupted a number of attacks, maybe dozens of attacks. This claim, echoed by President Bush in his speech, is a matter of fierce dispute. Bush’s public version, indeed, was much more carefully circumscribed: among other things, that Zubaydah’s information confirmed the alias (“Muktar”) of Khaled Shaik Mohammed, and thus helped lead to his capture; that it helped lead, indirectly, to the capture of Ramzi bin al-Shibh, a Yemeni who was another key figure in planning the September 11 attacks; and that it “helped us stop another planned attack within the United States.” At least some of this information, apparently, came during the early, noncoercive interrogation led by FBI agents. Later, according to the reporter Ron Suskind, Zubaydah named countless targets inside the US to stop the pain, all of them immaterial. Indeed, think back to the sudden slew of alerts in the spring and summer of 2002 about attacks on apartment buildings, banks, shopping malls and, of course, nuclear plants. Suskind is only the most prominent of a number of reporters with strong sources in the intelligence community who argue that the importance of the intelligence Zubaydah supplied, and indeed his importance within al-Qaeda, have been grossly and systematically exaggerated by government officials, from President Bush on down.[15] Though it seems highly unlikely that Zubaydah’s information stopped “maybe dozens of attacks,” as Kiriakou said, the plain fact is that it is impossible, until a thorough investigation can be undertaken of the interrogations, to evaluate fully and fairly what intelligence the United States actually received in return for all the severe costs, practical, political, legal, and moral, the country incurred by instituting a policy of torture. There is a sense in which the entire debate over what Zubaydah did or did not provide, and the attacks the information might or might not have prevented—a debate driven largely by leaks by fiercely self-interested parties—itself Perhaps unwittingly, Kiriakou is most revealing about the intelligence value of interrogation of “high-value detainees” when he discusses what the CIA actually got from Zubaydah: What he was able to provide was information on the al-Qaeda leadership. For example, if bin Laden were to do X, who would be the person to undertake such and such an operation? “Oh, logically that would be Mr. Y.” And we were able to use that information to kind of get an idea of how al-Qaeda operated, how it came about conceptualizing its operations, and how it went about tasking different cells with carrying out operations…. His value was, it allowed us to have somebody who we could pass ideas onto for his comments or analysis. This has the ring of truth, for this is how intelligence works—by the patient accruing of individual pieces of information, by building a picture that will help officers make sense of the other intelligence they receive. Could such “comments or analysis” from a high al-Qaeda operative eventually help lead to the disruption of “a number of attacks, maybe dozens of attacks”? It seems possible—but if it did, the chain of cause and effect might not be direct, certainly not nearly so direct as the dramatic scenarios in newspapers and television dramas—and presidential speeches—suggest. The ticking bomb, about to explode and kill thousands or millions; the evil captured terrorist who alone has the information to find and disarm it; the desperate intelligence operative, forced to do whatever is necessary to gain that information—all these elements are well known and emotionally powerful, but where they appear most frequently is in popular entertainment, not in white rooms in Afghanistan. There is a reverse side, of course, to the “ticking bomb” and torture: pain and ill-treatment, by creating an unbearable pressure on the detainee to say something, anything, to make the pain stop, increase the likelihood that he will fabricate stories, and waste time, or worse. At least some of the intelligence that came of the “alternative set of procedures,” like Zubaydah’s supposed “information” about attacks on shopping malls and banks, seems to have led the US government to issue what turned out to be baseless warnings to Americans. Khaled Shaik Mohammed asserted this directly in his interviews with the ICRC. “During the harshest period of my interrogation,” he said, I gave a lot of false information in order to satisfy what I believed the interrogators wished to hear in order to make the ill-treatment stop…. I’m sure that the false information I was forced to invent…wasted a lot of their time and led to several false red-alerts being placed in the US. For all the talk of ticking bombs, very rarely, if ever, have officials been able to point to information gained by interrogating prisoners with “enhanced techniques” that enabled them to prevent an attack that had reached its “operational stage” (that is, had gone beyond reconnoitering and planning). Still, widespread perception that such techniques have prevented attacks, actively encouraged by the President and other officials, has been politically essential in letting the administration carry on with these policies after they had largely become public. Polls tend to show that a majority of Americans are willing to support torture only when they are assured that it will “thwart a terrorist attack.” Because of the political persuasiveness of such scenarios it is vital that a future inquiry truly investigate claims that attacks have been prevented. As I write, it is impossible to know what benefits—in intelligence, in national security, in disrupting al-Qaeda—the President’s approval of use of an “alternative set of procedures” might have brought to the United States. What we can say definitively is that the decision has harmed American interests in quite demonstrable ways. Some are practical and specific: for example, FBI agents, many of them professionals with great experience and skill in interrogation, were withdrawn, apparently after objections by the bureau’s leaders, when it was decided to use the “alternative set of procedures” on Abu Zubaydah. Extensive leaks to the press, from both officials supportive of and critical of the “alternative set of procedures,” undermined what was supposed to be a highly secret program; those leaks, in large part a product of the great controversy the program provoked within the national security bureaucracy, eventually helped make it unsustainable. Finally, this bureaucratic weakness led officials of the CIA to destroy, apparently out of fear of eventual exposure and possible prosecution, a trove of as many as ninety-two video recordings that had been made of the interrogations, all but two of them of Abu Zubaydah. Whether or not the prosecutor investigating those actions determines that they were illegal, it is hard to believe that the recordings did not include valuable intelligence, which was sacrificed, in effect, for political reasons. These recordings doubtless could have played a critical part as well in the effort to determine what benefits, if any, the program brought to the security of the United States. Far and away the greatest damage, though, was legal, moral, and political. In the wake of the ICRC report one can make several definitive statements: 1. Beginning in the spring of 2002 the United States government began to torture prisoners. This torture, approved by the President of the United States and monitored in its daily unfolding by senior officials, including the nation’s highest law enforcement officer, clearly violated major treaty obligations of the United States, including the Geneva Conventions and the Convention Against Torture, as well as US law. 2. The most senior officers of the US government, President George W. Bush first among them, repeatedly and explicitly lied about this, both in reports to international institutions and directly to the public. The President lied about it in news conferences, interviews, and, most explicitly, in speeches expressly intended to set out the administration’s policy on interrogation before the people who had elected him. 3. The US Congress, already in possession of a great deal of information about the torture conducted by the administration—which had been covered widely in the press, and had been briefed, at least in part, from the outset to a select few of its members—passed the Military Commissions Act of 2006 and in so doing attempted to protect those responsible from criminal penalty under the War Crimes Act. 4. Democrats, who could have filibustered the bill, declined to do so—a decision that had much to do with the proximity of the midterm elections, in the run-up to which, they feared, the President and his Republican allies might gain advantage by accusing them of “coddling terrorists.” One senator summarized the politics of the Military Commissions Act with admirable forthrightness: Soon, we will adjourn for the fall, and the campaigning will begin in earnest. And there will be 30-second attack ads and negative mail pieces, and we will be criticized as caring more about the rights of terrorists than the protection of Americans. And I know that the vote before us was specifically designed and timed to add more fuel to that fire.[16] Senator Barack Obama was only saying aloud what every other legislator knew: that for all the horrified and gruesome exposés, for all the leaked photographs and documents and horrific testimony, when it came to torture in the September 11 era, the raw politics cut in the other direction. Most politicians remain convinced that still fearful Americans—given the choice between the image of 24 ’s Jack Bauer, a latter-day Dirty Harry, fantasy symbol of untrammeled power doing “everything it takes” to protect them from that ticking bomb, and the image of weak liberals “reading Miranda rights to terrorists”—will choose Bauer every time. As Senator Obama said, after the bill he voted against had passed, “politics won today.” 5. The political damage to the United States’ reputation, and to the “soft power” of its constitutional and democratic ideals, has been, though difficult to quantify, vast and enduring. In a war that is essentially an insurgency fought on a worldwide scale—which is to say, a political war, in which the attitudes and allegiances of young Muslims are the critical target of opportunity—the United States’ decision to use torture has resulted in an enormous self-administered defeat, undermining liberal sympathizers of the United States and convincing others that the country is exactly as its enemies paint it: a ruthless imperial power determined to suppress and abuse Muslims. By choosing to torture, we freely chose to become the caricature they made of us. 8.In the wake of the attacks of September 11, 2001, Cofer Black, the former head of the CIA’s Counterterrorism Center and a famously colorful hard-liner, appeared before the Senate Intelligence Committee and made the most telling pronouncement of the era: “All I want to say is that there was ‘before’ 9/11 and ‘after’ 9/11. After 9/11 the gloves come off.” In the days after the attacks this phrase was everywhere. Columnists quoted it, television commentators flaunted it, interrogators at Abu Ghraib used it in their cables. (“The gloves are coming off gentlemen regarding these detainees, Col Boltz has made it clear that we want these individuals broken.”[17] ) The gloves came off: four simple words. And yet they express a complicated thought. For if the gloves must come off, that means that before the attacks the gloves were on. There is something implicitly exculpatory in the image, something that made it particularly appealing to officials of an administration that endured, on its watch, the most lethal terrorist attack in the country’s history. If the attack succeeded, it must have had to do not with the fact that intelligence was not passed on or that warnings were not heeded or that senior officials did not focus on terrorism as a leading threat. It must have been, at least in part, because the gloves And so, after a devastating and unprecedented attack, the gloves came off. Guided by the President and his closest advisers, the United States transformed itself from a country that, officially at least, condemned torture to a country that practiced it. And this fateful decision, however much we may want it to, will not go away, any more than the fourteen “high-value detainees,” tortured and thus unprosecutable, will go away. Like the grotesque stories in the ICRC report, the decision sits before us, a toxic fact, polluting our political and moral life. Since the inauguration of President Obama, the previous administration’s “alternative procedures” have acquired a prominence in the press, particularly on cable television, that they rarely achieved when they were actually being practiced on detainees. This is especially the case with waterboarding, which according to the former director of the CIA has not been used since 2003. On his first day in office, President Obama issued executive orders that stopped the use of these techniques and provided for task forces to study US government policies on rendition, detention, and interrogation, among others. Meantime, Democratic leaders in Congress, who have been in control since 2006, have at last embarked on serious investigations. Senators Dianne Feinstein and Christopher Bond, the chair and ranking member of the Intelligence Committee, have announced a “review of the CIA’s detention and interrogation program,” which would study, among other questions, “how the CIA created, operated, and maintained its detention and interrogation program,” make “an evaluation of intelligence information gained through the use of enhanced and standard interrogation techniques,” and investigate “whether the CIA accurately described the detention and interrogation program to other parts of the US government”—including, notably, “the Senate Intelligence Committee.” The hearings, according to reports, are unlikely to be public. In February, Senator Patrick Leahy, chairman of the Judiciary Committee, called for the establishment of what he calls a “nonpartisan commission of inquiry,” better known as a “Truth and Reconciliation Committee,” to investigate “how our detention policies and practices, from Guantanamo to Abu Ghraib, have seriously eroded fundamental American principles of the rule of law.” Since Senator Leahy’s commission is intended above all to investigate and make public what was done—”in order to restore our moral leadership,” as he said, “we must acknowledge what was done in our name”—he would offer grants of immunity to public officials in exchange for their truthful testimony. He seeks not prosecution and justice but knowledge and exposure: “We cannot turn the page until we have read the page.” Many officials of human rights organizations, who have fought long and valiantly to bring attention and law to bear on these issues, strongly reject any proposal that includes widespread grants of immunity. They urge investigations and prosecutions of Bush administration officials. The choices are complicated and painful. From what we know, officials acted with the legal sanction of the US government and under orders from the highest political authority, the elected president of the United States. Political decisions, made by elected officials, led to these crimes. But political opinion, within the government and increasingly, as time passed, without, to some extent allowed those crimes to persist. If there is a need for prosecution there is also a vital need for education. Only a credible investigation into what was done and what information was gained can begin to alter the political calculus around torture by replacing the public’s attachment to the ticking bomb with an understanding of what torture is and what is gained, and lost, when the United States reverts to it. President Obama, while declaring that “nobody’s above the law, and if there are clear instances of wrongdoing…people should be prosecuted,” has also expressed his strong preference for “looking forward” rather than “looking backwards.” One can understand the sentiment but even some of the decisions his administration has already made—concerning state secrecy, for example—show the extent to which he and his Department of Justice will be haunted by what his predecessor did. Consider the uncompromising words of Eric Holder, the attorney general, who in reply to a direct question at his confirmation hearings had declared, “waterboarding is torture.” There is nothing ambiguous about this statement—nor about the equally blunt statements of several high Bush administration officials, including the former vice-president and the director of the CIA, confirming unequivocally that the administration had ordered and directed that prisoners under its control be waterboarded. We are all living, then, with a terrible contradiction, an enduring one, and it is not subtle, any more than the accounts in the ICRC report are subtle. “It was,” as Mr. Cheney said of waterboarding, “a no-brainer for me.” Now Abu Zubaydah and his fellow detainees have stepped forward out of the darkness to link hands with the former vice-president and testify to his truthfulness. —March 12, 2009 |
Tuesday, April 7, 2009
US Torture: Voices from the Black Sites
paper to use when going to toilet on the bucket.” A month passed with no questioning. “My cell was still very cold and the loud music no longer played but there was a constant loud hissing or crackling noise, which played twenty-four hours a day. I tried to block out the noise by putting tissue in my ears.” Then, “about two and half or three months after I arrived in this place, the interrogation began again, but with more intensity than before.”
position with my hands cuffed and chained to a bar above my head. My feet were flat on the floor.” After about an hour,
reflects an unvoiced acceptance, on both sides, of the centrality of the mythical “ticking-bomb scenario” so beloved of those who argue that torture is necessary, and so prized by the writers of television dramas like 24. That is, the argument centers on whether Zubaydah’s interrogation directly “disrupted a number of attacks.”
were on—because the post-Watergate reforms of the 1970s, in which Congress sought to put limits on the 
Is Joel's seat a bargaining chip?
Updated Tuesday, April 7th 2009, 7:10 AM
Koester for News: Owner Pierre Saint-Denis was recently
challenged over his not meeting local zoning rules.
The race between Council Majority Leader Joel Rivera and challenger Radame Perez could become a major issue for Bronx Democratic Party Boss Carl Heastie.
Normally, a party supports the incumbent in a primary - a sure ticket to winning in the Bronx. But with Joel's dad, ex-party boss Jose Rivera, and his loyalists still outside the party fold, organization support for Joel could become a carrot-and-stick issue.
The carrot would be Daddy Jose striking a truce with party boss Carl Heastie, while the stick would be the party backing Perez.
Radame, who works with his influential developer dad, Jose, has been busy knocking on voter doors in Joel's strongest voter base in Bronx Park South and West Farms, and targeting support - where he can - out of the five assembly district clubhouses that touch in the E. Tremont council district.
"Carl has been extending the olive branch to anyone who wants to work with him and the organization," said one party insider, adding that, so far, there have been no discussions with the Rivera camp.
It wouldn't be the first time a party hasn't supported an incumbent. Take the recent case of the Queens Democratic organization backing Hiram Monserrate against John Sabini for his state senate seat.
Given the Rivera camp's intransigence, Perez could be a worthwhile party candidate. A Perez win would give Heastie a stronger hand in the borough's City Council delegation.
In the solid Heastie council camp: Jimmy Vacca, Annabel Palma, Helen Foster and Ollie Koppell.
On the Jose Rivera side: son Joel and delegation leader Maria Baez.
On the fence: Larry (The Fox) Seabrook and Maria (Will Change Last Name for Votes) del Carmen Arroyo.
Le Refuge Inn out
Say au revoir to a Bronx icon.
Le Refuge Inn on City Island has gone out of business.
The Zagat and Michelin-rated French restaurant and bed and breakfast is an apparent victim of city red tape, as well as the sagging economy.
Owner Pierre Saint-Denis is vacationing back in his native France, but the manager of his upper East Side restaurant, Le Refuge, said the island inn "is closed for good."
Pierre's problems with the city bureaucracy began in 2006, when someone anonymously blew the whistle that the inn, amid local seafood restaurants on City Island Ave., was in violation of local zoning regs.
He wound up being fined $800. After a recent followup visit from inspectors, the Buildings Department slapped him with a $12,000 fine, which apparently sunk the soufflé. Pierre surrendered his liquor license last month and, as of last week, the phone was disconnected.
Spain Investigates What America Should
Monday 06 April 2009
by: Marjorie Cohn | Visit article original @ The San Francisco Chronicle
Six former Bush administration officials are being investigated by Spain for their role in authorizing torture at Guantanamo. (Photo: AP)
A Spanish court has initiated criminal proceedings against six former officials of the Bush administration. John Yoo, Jay Bybee, David Addington, Alberto Gonzales, William Haynes and Douglas Feith may face charges in Spain for authorizing torture at Guantánamo Bay.
If arrest warrants are issued, Spain and any of the other 24 countries that are parties to European extradition conventions could arrest these six men when they travel abroad.
Does Spain have the authority to prosecute Americans for crimes that didn't take place on Spanish soil?
The answer is yes. It's called "universal jurisdiction." Universal jurisdiction is a well-established theory that countries, including the United States, have used for many years to investigate and prosecute foreign nationals for crimes that shock the conscience of the global community. It provides a critical legal tool to hold accountable those who commit crimes against the law of nations, including war crimes and crimes against humanity. Without universal jurisdiction, many of the most notorious criminals would go free. Countries that have used this as a basis to prosecute the most serious of crimes should be commended for their courage. They help to create a just world in which we all seek to live.
Israel used universal jurisdiction to prosecute, convict and execute Adolph Eichmann for his crimes during the Holocaust, even they had no direct relationship with Israel.
A federal court in Miami recently convicted Chuckie Taylor, son of the former Liberian president, of torture that occurred in Liberia. A U.S. court sentenced Taylor to 97 years in prison in January.
Universal jurisdiction complements, but doesn't supersede, national prosecutions. So if the United States were investigating the Bush officials, other countries would refrain from doing so.
When the United States ratified the Convention Against Torture, it promised to extradite or prosecute those who commit, or are complicit in, the commission of torture.
President Obama, when asked whether he favored criminal investigations of Bush officials, replied, "My view is also that nobody's above the law and, if there are clear instances of wrongdoing, that people should be prosecuted just like any ordinary citizen."
"But," he added, "generally speaking, I'm more interested in looking forward than I am in looking backward." Preoccupied with the economy and two wars, Obama reportedly wants to wait before considering prosecutions that would invariably anger the GOP.
Evidence that Bush officials set a policy that led to the torture of prisoners at Guantánamo continues to emerge.
According to ABC News, Gonzales met with other officials in the White House and authorized torture, including waterboarding.
The Office of Professional Responsibility, which reports to the U.S. attorney general, drafted a report that excoriates Yoo and Bybee for writing the infamous torture memos. Haynes, Addington and Feith participated in decisions that led to torture. The release of additional graphic torture memos by the U.S. Department of Justice is imminent.
It is the responsibility of the United States to investigate allegations of torture. Almost two-thirds of respondents to a USA Today/Gallup Poll favor investigations of the Bush team for torture and warrantless wiretapping. Nearly four in 10 support criminal investigations.
Former Navy General Counsel Alberto Mora told Congress, "There are serving U.S. flag-rank officers who maintain that the first and second identifiable causes of U.S. combat deaths in Iraq - as judged by their effectiveness in recruiting insurgent fighters into combat - are, respectively the symbols of Abu Ghraib and Guantánamo." Providing impunity to those who ordered the torture will be the third recruiting tool.
If the United States refuses to investigate now, it will be more likely that some future administration will repeat this scenario. The use of torture should be purged from our system, much like we eradicated slavery.
Spain Investigates What America Should
Monday 06 April 2009
by: Marjorie Cohn | Visit article original @ The San Francisco Chronicle
Six former Bush administration officials are being investigated by Spain for their role in authorizing torture at Guantanamo. (Photo: AP)
A Spanish court has initiated criminal proceedings against six former officials of the Bush administration. John Yoo, Jay Bybee, David Addington, Alberto Gonzales, William Haynes and Douglas Feith may face charges in Spain for authorizing torture at Guantánamo Bay.
If arrest warrants are issued, Spain and any of the other 24 countries that are parties to European extradition conventions could arrest these six men when they travel abroad.
Does Spain have the authority to prosecute Americans for crimes that didn't take place on Spanish soil?
The answer is yes. It's called "universal jurisdiction." Universal jurisdiction is a well-established theory that countries, including the United States, have used for many years to investigate and prosecute foreign nationals for crimes that shock the conscience of the global community. It provides a critical legal tool to hold accountable those who commit crimes against the law of nations, including war crimes and crimes against humanity. Without universal jurisdiction, many of the most notorious criminals would go free. Countries that have used this as a basis to prosecute the most serious of crimes should be commended for their courage. They help to create a just world in which we all seek to live.
Israel used universal jurisdiction to prosecute, convict and execute Adolph Eichmann for his crimes during the Holocaust, even they had no direct relationship with Israel.
A federal court in Miami recently convicted Chuckie Taylor, son of the former Liberian president, of torture that occurred in Liberia. A U.S. court sentenced Taylor to 97 years in prison in January.
Universal jurisdiction complements, but doesn't supersede, national prosecutions. So if the United States were investigating the Bush officials, other countries would refrain from doing so.
When the United States ratified the Convention Against Torture, it promised to extradite or prosecute those who commit, or are complicit in, the commission of torture.
President Obama, when asked whether he favored criminal investigations of Bush officials, replied, "My view is also that nobody's above the law and, if there are clear instances of wrongdoing, that people should be prosecuted just like any ordinary citizen."
"But," he added, "generally speaking, I'm more interested in looking forward than I am in looking backward." Preoccupied with the economy and two wars, Obama reportedly wants to wait before considering prosecutions that would invariably anger the GOP.
Evidence that Bush officials set a policy that led to the torture of prisoners at Guantánamo continues to emerge.
According to ABC News, Gonzales met with other officials in the White House and authorized torture, including waterboarding.
The Office of Professional Responsibility, which reports to the U.S. attorney general, drafted a report that excoriates Yoo and Bybee for writing the infamous torture memos. Haynes, Addington and Feith participated in decisions that led to torture. The release of additional graphic torture memos by the U.S. Department of Justice is imminent.
It is the responsibility of the United States to investigate allegations of torture. Almost two-thirds of respondents to a USA Today/Gallup Poll favor investigations of the Bush team for torture and warrantless wiretapping. Nearly four in 10 support criminal investigations.
Former Navy General Counsel Alberto Mora told Congress, "There are serving U.S. flag-rank officers who maintain that the first and second identifiable causes of U.S. combat deaths in Iraq - as judged by their effectiveness in recruiting insurgent fighters into combat - are, respectively the symbols of Abu Ghraib and Guantánamo." Providing impunity to those who ordered the torture will be the third recruiting tool.
If the United States refuses to investigate now, it will be more likely that some future administration will repeat this scenario. The use of torture should be purged from our system, much like we eradicated slavery.
Chavez Hopes to "Reset" US-Venezuela Relations
Saturday 04 April 2009
Visit article original @ Reuters
Venezuela's Hugo Chavez has signaled that he would like
to "reset"relations with the US. (Photo: The Associated Press)
Caracas - Venezuelan President Hugo Chavez has said he hopes to "reset" relations with the United States at an Americas summit this month after nearly a decade of tensions between Caracas and Washington.
The leftist Cuba ally has for months offered mixed signals about the arrival of U.S. President Barack Obama, sometimes praising his administration while at other times mocking him as the leader of "empire" or calling him an "ignoramus."
"Hopefully the Trinidad and Tobago summit will serve to reset relations between the United States and Venezuela, I'm willing to use the reset button," Chavez said, according to a statement issued on Saturday by the Communications Ministry.
Obama is scheduled to attend the April 17-19 summit, and Chavez is also expected to go.
The ministry said Chavez, who is visiting Iran, made the remark in a phone call from Tehran to a Venezuelan state television show on Friday night.
Though Venezuela provides around 10 percent of U.S. oil imports, the OPEC nation for years maintained a harsh war of words with the government of former U.S. President George W. Bush. Chavez famously called him "the devil" at a meeting of the United Nations.
He has applauded Obama's government for closing the much-criticized U.S. prison in Guantanamo and described Obama as an improvement over the Bush administration. But he continues to portray the United States as the enemy of his self-styled revolution.
Reporting by Brian Ellsworth; editing by Mohammad Zargham.
Sunday, April 5, 2009
Who, What, Where, When and Why?
Sunday, April 5, 2009
By Gary Tilzer
Yesterday True News reported that neither the Times nor the Post published stories about the indictment of a contractor who (as the charges read), paid off convicted former Queens Assemblyman Brian McLaughlin. Today both papers had stories about the indictment, but they were strangely incomplete.
The Post only mentions a payoff in the form of a car to McLaughlin, but does not explain what the contractor hoped to get in return: CAR-SWAP KICKBACK LABOR RAP Queens labor leader Brian McLaughlin pulled a switcheroo to cover up a kickback he allegedly took from the former owner of a scandal-scarred electrical company, according to federal-court papers...more >
The Times story also failed to explain what the payoff was for, beyond saying it was listed as bribery: "City Contractor Is Accused of Bribing Ex-Assemblyman An indictment charged Santo Petrocelli Sr., who holds lucrative city contracts, with giving cash and a car to Assemblyman Brian M. McLaughlin. "
While not addressing the reason for the bribing, the Times story did say McLaughlin was cooperating: "Mr. McLaughlin has been cooperating with federal prosecutors since at least last year. He was instrumental, for instance, in introducing an F.B.I. agent posing as a businessman interested in legislative favors to Assemblyman Anthony S. Seminerio of Queens, who was arrested last September on federal bribery charges. New allegations were added to his indictment last month."
When the FBI raided McLaughlin's Union headquarters and the business offices of the contract they said it was for a bid rigging investigation. Was the payoff connected to the bid rigging?: F.B.I., in Bid-Rigging Inquiry, Raids Offices of Labor Leader ... *** LABOR GROUP HITIN BID-RIG PROBE. ASSEMBLYMAN IS FOCUS - News - NY ...
Even the DOI commissioner when offering a comment about the indictment does not explain what the indictment was for, in her quote in Crains: "Rose Gill Hearn, the commissioner of the city's Department of Investigation, said "the charges expose the relationship between the contractor and union official for what it was — a long-running partnership of corruption."
For at least a decade, Mr. Petrocelli’s company held several lucrative contracts maintaining city street lighting. The last Petrocelli contract ended in November 2007 — 17 months after the city’s Department of Investigation issued the first of three “caution” alerts about the company in the city’s vendor database.
Filling county clerk's job could be a brawl
Tuesday, March 31st 2009, 9:16 AM
Filling a long vacant political plum - the Bronx County Clerk's job - finally could be close at hand, but not without a political brawl.
Gov. Paterson last week appointed Associate Justice Luis Gonzalez as presiding justice of the Appellate Division in Manhattan to replace Jonathan Lippman, the state's new chief judge.
That opens the way for Bronx native Gonzalez to fill the $136,500-a-year Bronx clerk's job, which has been vacant since January 2008, when former Assemblyman Hector Diaz stepped down for what turned out to be a short stint as city clerk.
While Gonzalez will officially name the new county clerk, tradition holds that the Bronx Democratic Party boss submits the candidate.
Longtime Assemblywoman Aurelia Greene, apparently tired of the trek to Albany, reportedly asked then-party boss Jose Rivera for the job. When he turned her down, she crossed over to support rebel party leader Carl Heastie.
But Latino elements in the party are reportedly pushing former West Bronx Assemblyman Luis Diaz for the job. He recently stepped down to go work for Paterson.
They argue that Carl owes Luis for giving him his two district leaders to help swing the party vote.
Then again, by stepping down, Luis opened the door for then boss-Rivera to engineer loyalist Nelson Castro into Diaz's seat.
Moving into Borough Hall
With the April 21 special election for borough president expected to be just a formality, Ruben Diaz Jr.'s team is already planning a fast start out of the gate at Borough Hall.
"I expect a transition period that's reasonable," Rubencito told us. "We're going to do it as quickly as humanly possible."
Paul Del Duca, Ruben's state assembly chief of staff and a key player on his campaign staff, will become his chief of staff at Borough Hall.
"Ruben and I are quick studies. We won't need training wheels for that long," Paul told us.
"Ruben has a vision for the Bronx," he added, "and we're going to evaluate every aspect and every extension of the office."
One quasi-arm of the borough president's office expected to undergo a shake-up - the Bronx Overall Economic Development Corp.
Depending on whether the news was good or bad, the BOEDC was either a direct arm of BP Adolfo Carrión's office or not. But many of the developers and businessmen it deals with are also campaign contributors.
And with Diaz continuing AC's mantra of "jobs, jobs, jobs," BOEDC will be a key player in his administration.
Smart money move
Rubencito earned some voter goodwill last week by turning down a check for $220,000 in matching funds from the city Campaign Finance Board, publicly stating "No, thanks, to the taxpayer bucks; not in this economy."
And some wags were joking he'll now avoid the required two public debates with his lone challenger this go-round, East Bronx GOP District Leader Anthony Ribustello, who shows all of $200 in the kitty.
Under its use-it-or-lose-it rules for matching funding, Ruben will have to start from scratch on fund-raising for any future campaign, such as four years from now if he should run again for BP.
"A war chest that you roll over from one campaign to the next is generally not matched," said CFB spokesman Eric Friedman.
Easy come, easy go
Still, we guess you can never have enough bucks in the campaign kitty, since Rubencito's camp is still throwing fund-raisers.
Among the latest, one last week thrown by mega-Realtor/political mover and shaker (and our longtime BFF) Kathy Zamechansky at her Morris Park home.
From Salsa to BBQ sauce
That popular Dallas BBQ restaurant chain, geared to economic dining, opened a 40,000-square-foot branch at the old Jimmy's Bronx Cafe on Fordham Road next to the Deegan last week, with 20,000 customers showing up during its opening week. It also brought 100 local jobs with it.
Multilingual leader
We're impressed. Kenny Agosto, 80th Assembly District leader in Morris Park/Allerton and a likely challenger to incumbent Naomi Rivera, speaks five languages: English, Spanish, Cantonese, French and American sign language.
He recently became special assistant to State Sen. Ruth Hassell-Thompson.
Friday, April 3, 2009
Friday, April 3, 2009
Brian McLaughlin Rats, Only the Daily News Does the Right Thing
Only the news reported the indicted of Santo (Sandy) Petrocelli Sr. for for bribery. All the papers covered the FBI's raids on the central labor Council and the business offices of Petrocelli. Except for the Daily News, not a word from the other papers about the indictment of a transportation contractor by the feds. The Times covered another indictment by the feds Blagojevich Charged With 16 Corruption Felonies
Back in New York Electrical contractor zapped for bribery A Queens electrical contractor who did big business with the city was indicted for bribery Thursday - and sources say the union boss he paid off is helping prosecutors. . . Sources say the labor boss and one-time Democratic assemblyman has been cooperating with the feds since his 2006 arrest on charges he took $2.2 million in payoffs to bankroll a Long Island mansion, fancy cars and country club fees. His sentencing repeatedly has been postponed while the feds continue to rack up indictments in what is turning into the biggest corruption probe to hit Queens since the mid-1980s. That's when Borough President Donald Manes committed suicide amid a far-reaching investigation. Sources say McLaughlin also has been cooperating in the feds' probe of Queens Assemblyman Anthony Seminerio. The tough-on-crime Democrat is accused of taking $1 million in payouts from businesses seeking his help in Albany. *** F.B.I., in Bid-Rigging Inquiry, Raids Offices of Labor Leader ... *** LABOR GROUP HITIN BID-RIG PROBE. ASSEMBLYMAN IS FOCUS - News - NY ... Petrocelli currently has about $92 million in contracts with the city Department of Transportation, while Welsbach has about $70 million. ... : Under Investigation: Queens Assemblyman Brian McLaughlin Target ... ... a team of FBI agents raided the offices of the New York City Central Labor ... It remains unclear exactly how the bid rigging scheme functioned or what ... Two Queens Companies – Petrocelli Electrical Company of Long Island City ... Wilbur Chapman, a former commissioner of the City Department of Transportation, ... RED LIGHT FOR TRAFFIC-SIGNAL SCANDAL BIDDER - New York Post *** "Operation City Lights" Targets McLaughlin The New York Observer *** "The King of Queens" Is Dead - TIME *** Koch Praises Parking Violations Bureau - New York Times *** City for Sale: Ed Koch and the Betrayal of New York. - book ...
Inspector Clouseau Council pulls plug on funds for nonprofit The city council Thursday yanked funding to a nonprofit that was raided last month as part of a sweeping criminal probe into conflicts of interest. The Upper Manhattan Council Assisting Neighbors was allocated $528,000 in taxpayer funds this year - almost all of it sponsored by Councilman Miguel Martinez *** Pols, Press Party with Sharpton and His Corrupt Network
Back in New York Electrical contractor zapped for bribery A Queens electrical contractor who did big business with the city was indicted for bribery Thursday - and sources say the union boss he paid off is helping prosecutors. . . Sources say the labor boss and one-time Democratic assemblyman has been cooperating with the feds since his 2006 arrest on charges he took $2.2 million in payoffs to bankroll a Long Island mansion, fancy cars and country club fees. His sentencing repeatedly has been postponed while the feds continue to rack up indictments in what is turning into the biggest corruption probe to hit Queens since the mid-1980s. That's when Borough President Donald Manes committed suicide amid a far-reaching investigation. Sources say McLaughlin also has been cooperating in the feds' probe of Queens Assemblyman Anthony Seminerio. The tough-on-crime Democrat is accused of taking $1 million in payouts from businesses seeking his help in Albany. *** F.B.I., in Bid-Rigging Inquiry, Raids Offices of Labor Leader ... *** LABOR GROUP HITIN BID-RIG PROBE. ASSEMBLYMAN IS FOCUS - News - NY ... Petrocelli currently has about $92 million in contracts with the city Department of Transportation, while Welsbach has about $70 million. ... : Under Investigation: Queens Assemblyman Brian McLaughlin Target ... ... a team of FBI agents raided the offices of the New York City Central Labor ... It remains unclear exactly how the bid rigging scheme functioned or what ... Two Queens Companies – Petrocelli Electrical Company of Long Island City ... Wilbur Chapman, a former commissioner of the City Department of Transportation, ... RED LIGHT FOR TRAFFIC-SIGNAL SCANDAL BIDDER - New York Post *** "Operation City Lights" Targets McLaughlin The New York Observer *** "The King of Queens" Is Dead - TIME *** Koch Praises Parking Violations Bureau - New York Times *** City for Sale: Ed Koch and the Betrayal of New York. - book ...
Inspector Clouseau Council pulls plug on funds for nonprofit The city council Thursday yanked funding to a nonprofit that was raided last month as part of a sweeping criminal probe into conflicts of interest. The Upper Manhattan Council Assisting Neighbors was allocated $528,000 in taxpayer funds this year - almost all of it sponsored by Councilman Miguel Martinez *** Pols, Press Party with Sharpton and His Corrupt Network
Take Me Out to the Ballpark Two Baseball Palaces, One Stoic, One Scrappy *** YANKS' NEW DIAMOND SHINES FANS WOWED AS BOMBERS TAKE THE WRAPS OFF STADIUM *** Yanks Hold First Workout At New Stadium *** Yankees' New Stadium Is More Than A Ballpark *** Hal Steinbrenner: Yanks tickets may be overpriced *** Ballparks Draw Cheers and Jeers Across the City *** A Late Rush to Tidy Up the Yankees’ New Home *** Our first bites at the new Yankee ballpark *** You think? Hal Steinbrenner actually admits that "some" tickets at the New Yankee Stadium "may be overpriced." http://tinyurl.com/csrzgs *** New Yankee Stadium roars as blast out of past *** Inside Yanks' new home *** Editorial: One for the ages Call it grand. Call it New York, New York in swagger. Call it a fitting monument to the world's most storied sports team. Call it by its real name: Yankee Stadium. The new Yankee Stadium, outfitted in style and built for the ages 9 DN Ed *** Critic Sizes Up New Yankees Park
City on the Brink PENSION CRA$H: CITY FACES GM-LIKE RUIN, MIKE AIDE WARNS One of Mayor Bloomberg's top aides warned yesterday that the city could collapse just like General Motors if runaway pension costs aren't reined in
Road to City Hall Bloomberg Makes Early, Aggressive Bid for Black Support *** Bloomberg: the Rev. Al Sharpton a 'calming influence on the city' *** DN Editorial: Way too clubby Of all the gin joints on all the avenues of this city, candidate for Manhattan district attorney Leslie Crocker Snyder held a fund-raiser last night in a club with a history of brawls and rampant drug sales *** Bloomberg On Tap To Get Indy Nod Sunday *** Indy Line Won't Come Cheap
The City COUNCIL OK ON W. SIDE YARDS Plans to build a $15 billion district of housing, parks and office towers over the West Side rail yards won a key approval from the City Council yesterday, even though construction of the project has been delayed by the economic downturn *** HORDES BUY UP LONDON BRITCHES: FRENZY AT NY TOPSHOP DEBUT *** Northern Queens shoreline a victim of politics From the Times Ledger *** Water Board ready to screw us again From the Queens Gazette *** Car break-ins rampant along Woodhaven Blvd. From the Queens Courier *** Developer promises Coney amusements come May *** In Radio Farewell, Cardinal Jabs at Far-From-Infallible News Media *** New Rise in Rates for Water Is Expected *** Embattled Chief Leaves Police Review Board *** Education’s Odd Couple Do Their Act, and Provoke Controversy: Schools Chancellor Joel I. Klein and the Rev. Al Sharpton, who formed an alliance nearly a year ago, co-sponsored a conference of the Education Equality Project *** Transit retools computers for fare hike *** A century later, Bazzini readies to say bye to Tribeca perhaps Tribeca’s last tie to the old Washington Market food trading days, is looking to close up shop for good *** Rape vic speaks out after suit against MTA workers who ignored her cry for help is tossed *** More than 2.2 million New Yorkers received food stamps *** Federal stimulus money will be spent on a $2.4 million pedestrian bridge over the Hudson River *** The Department of Education dropped its plan to replace three zoned schools with charter schools *** Cardozo Sets Record for Tenure as Corporation Counsel
Paterson, Limbaugh and Pericles The governor cited a 2,500-year-old war to defend his budget, but his approval ratings are still a little short of Socrates’s last numbers *** Newsday's Janison's guide to Albany's spheres of influence
City on the Brink PENSION CRA$H: CITY FACES GM-LIKE RUIN, MIKE AIDE WARNS One of Mayor Bloomberg's top aides warned yesterday that the city could collapse just like General Motors if runaway pension costs aren't reined in
Road to City Hall Bloomberg Makes Early, Aggressive Bid for Black Support *** Bloomberg: the Rev. Al Sharpton a 'calming influence on the city' *** DN Editorial: Way too clubby Of all the gin joints on all the avenues of this city, candidate for Manhattan district attorney Leslie Crocker Snyder held a fund-raiser last night in a club with a history of brawls and rampant drug sales *** Bloomberg On Tap To Get Indy Nod Sunday *** Indy Line Won't Come Cheap
The City COUNCIL OK ON W. SIDE YARDS Plans to build a $15 billion district of housing, parks and office towers over the West Side rail yards won a key approval from the City Council yesterday, even though construction of the project has been delayed by the economic downturn *** HORDES BUY UP LONDON BRITCHES: FRENZY AT NY TOPSHOP DEBUT *** Northern Queens shoreline a victim of politics From the Times Ledger *** Water Board ready to screw us again From the Queens Gazette *** Car break-ins rampant along Woodhaven Blvd. From the Queens Courier *** Developer promises Coney amusements come May *** In Radio Farewell, Cardinal Jabs at Far-From-Infallible News Media *** New Rise in Rates for Water Is Expected *** Embattled Chief Leaves Police Review Board *** Education’s Odd Couple Do Their Act, and Provoke Controversy: Schools Chancellor Joel I. Klein and the Rev. Al Sharpton, who formed an alliance nearly a year ago, co-sponsored a conference of the Education Equality Project *** Transit retools computers for fare hike *** A century later, Bazzini readies to say bye to Tribeca perhaps Tribeca’s last tie to the old Washington Market food trading days, is looking to close up shop for good *** Rape vic speaks out after suit against MTA workers who ignored her cry for help is tossed *** More than 2.2 million New Yorkers received food stamps *** Federal stimulus money will be spent on a $2.4 million pedestrian bridge over the Hudson River *** The Department of Education dropped its plan to replace three zoned schools with charter schools *** Cardozo Sets Record for Tenure as Corporation Counsel
Paterson, Limbaugh and Pericles The governor cited a 2,500-year-old war to defend his budget, but his approval ratings are still a little short of Socrates’s last numbers *** Newsday's Janison's guide to Albany's spheres of influence
Thursday, April 2, 2009
Assemblyman Rivera For Thompson
April 2, 2009
Comptroller Bill Thompson will receive the first formal endorsement of an elected official for his mayoral bid this evening from Assemblyman Peter Rivera, the Legislature's highest-ranking Latino elected official.
"With our city and our country in economic crisis, New York's upcoming mayoral election is more important than ever," Rivera wrote in an on-line invite to tonight's event, which is taking place at the American Legion in the Bronx.
"Bill Thompson has transformed the Office of the New York City Comptroller into one that effectively combines fiscal responsibility, innovation, and activism," the assemblyman continued. "As Comptroller, he has fought hard for an affordable city and for good jobs throughout all five boroughs. Because of this, Bill Thompson is the only candidate who we can trust to fight for us in these tough economic times."
This announcement is coming on the same day that Mayor Bloomberg is receiving the support of UFCW Local 1500 - his first labor endorsement and a blow to Thompson, as the union supported the comptroller for re-election in 2005 and remained neutral in the mayor's race that year.
Rivera is an outspoken lawmaker who led one aspect of the charge against Sen. Kirsten Gillibrand when she was tapped by Gov. David Paterson to fill Hillary Clinton's seat. He raised eyebrows when he called her "xenophobic" in a press release and has said he still considers her a work in progress as far as immigration issues are concerned.
This is an interesting endorsement for a few reasons, not the least of which is the fact that it demonstrates whoever put together the deal back in the day to get then-mayoral contender Adolfo Carrion to drop into the comptroller's race to avoid a split between the African-American and Hispanic communities knew what he was doing.
(Of course, it's all moot now that Carrion isn't even in the picture, politically speaking, in New York).
Also, for what it's worth, Rivera is closely allied with Assemblyman Jose Rivera, the deposed boss of the Bronx Democratic Party, and has acted as Rivera's unofficial spokesman in connection with the legal challenge to the decision that awarded control of the organization to Assemblyman Carl Heastie.
A Brief Senate Love Fest
April 2, 2009
On the Senate floor this morning, Majority Leader Malcolm Smith and Minority Leader Dean Skelos put their partisanship aside for a moment of mutual admiration, praising one another for the deal struck to allow Sen. Ruth Hassell-Thompson to vote on budget deals.
"I want to express my appreciation to Sen. Skelos and to all my colleagues," Smith said. "This is a day that I think the 19 million people of New York have come to recognize this is a fine chamber, irrespective of all that the papers have written, the editorial boards have said."
"Today we have proven to all of New York that we are a distinguished body that we are also a body that has a heart and understands the challenges that face this state and we rise above that."
Smith said Skelos had been "extremely heartfelt" and "very concerned" about Hassell-Thompson," and urged senators on both sides of the aisle to recall that, "notwithstanding our beliefs, and interests, we are all colleagues."
Skelos went even further, saying:
"Ruth, we welcome you back. We know it's going to be just for a few minutes now, but we ask God to give you a speedy recovery because in the Senate we are one family, we may have our disagreements, but we all respect each other, we all love each other and we pray together that you have a speedy recovery and that you join the debate and the process that we have here in the Senate."
April 2, 2009
The ailing Sen. Ruth Hassell-Thompson was wheeled into the Senate not long ago, cast "yes" votes on all the remaining budget bills and then departed, breaking the logjam that has kept the 2009-2010 spending plan in limbo for the past two days.
This was achieved through an agreement brokered between Senate Majority Leader Malcolm Smith and Senate Minority Leader Dean Skelos known as "unanimous consent," which kept the roll for all the bills open so Hassell-Thompson's votes would be counted even though she won't physically be in the chamber to cast them.
The Buffalo News' Tom Precious reported this morning that this was under consideration and also quoted an unnamed Senate lawyer who called the move "unprecedented."
Writes Precious:
Senate Republicans said Democrats at first asked if they could provide any GOP votes to get at least the one bill passed that was being debated at the time Hassell-Thompson was taken back to the hospital. The idea was rejected. Next, Senate GOP sources said, the Democrats asked if a video hookup could be set up between the hospital and the Senate floor to permit her to vote. That idea, said to be illegal, also was rejected.
Despite the deal reached on Hassell-Thompson, Smith spokesman Austin Shafran said the majority doesn't expect to finish voting on the budget today.
So far, the Senate has voted on only two of the nine budget bills.
After complaining bitterly about being left out of the negotiation process, the Republicans are dragging out the debate, hammering their Democratic counterparts and generally trying to exploit the fact that the new members of the majority aren't as well-versed in floor debates as their seasoned GOP counterparts.
Shafran noted that the Democrats have allowed the debating to continue well past the two-hour mark, where the majority could, if it so desire, cut things off, letting the verbal sparring drag on three, four and sometimes even five hours per bill.
If this keeps up, the Senate might end up calling it quits for the week after it adjourns this evening. Or, it might return tomorrow. It's still up in the air.
Wednesday, April 1, 2009
BRONX POLS EVADE YANKEE CHARITY SCANDAL
(Maria Baez)By FERNANDA SANTOS
Published: March 31, 2009
A lawyer hired by the Yankees to oversee the distribution of hundreds of thousands of dollars given by the team each year to community groups in the Bronx on Tuesday sued the nonprofit organization set up to divide the money, claiming that its chairman had mismanaged the funds.
In papers filed in State Supreme Court in the Bronx, the lawyer, Michael Drezin, accused the nonprofit fund’s chairman, Serafin U. Mariel, of essentially shortchanging the charity by depositing $800,000 provided by the Yankees last year in a non-interest-bearing account at a bank that he co-founded and where he still works.
In addition, only a fraction of the deposit was insured, the lawsuit says — an “irresponsible and unnecessary risk” at a time of deep economic uncertainty, Mr. Drezin said in an interview.
“In my opinion, there’s absolutely no innocent explanation for this behavior,” he said.
Mr. Mariel hung up on a reporter when reached on his cellphone and did not return subsequent voice mail messages.
The lawsuit also contends that Mr. Mariel awarded a no-bid contract to the company that developed the fund’s Web site, which goes against the organization’s bylaws, according to Mr. Drezin, whom the Yankees hired in December 2006 to incorporate and administer the charity, as well as to draft its rules. Mr. Drezin also says that the charity’s board of directors has never paid him. News of the suit was reported on Tuesday by The Daily News.
In his lawsuit, Mr. Drezin asks for Mr. Mariel’s resignation and financial compensation of at least $35,000 a year, which is what he says the Yankees had agreed to give the board to cover the cost of his services.
Known as the New Yankee Stadium Community Benefits Fund, the charity was created as part of an agreement signed by the team and city officials, including Adolfo Carrión Jr., then the borough president. It was seen as a way to placate opponents and make up for the inconveniences of a massive construction project in a busy swath of the South Bronx.
Under the deal, the group would receive $800,000 a year in grants and $450,000 in free tickets, merchandise and athletic equipment. It was not until several months after Mr. Drezin was hired that Mr. Carrión and three City Council members, Joel L. Rivera, Maria Baez and Maria del Carmen Arroyo, picked the charity’s seven board members, including Mr. Mariel.
The fund received its first $800,000 from the Yankees in February 2008, but there were delays in distribution because it had not yet set the criteria for distribution, Mr. Drezin said.
After about three months of reviewing bank statements showing that the first withdrawals had been made, Mr. Drezin said, he noticed that the account was not collecting any interest and that the funds had all been deposited in the bank Mr. Mariel founded, New York National Bank.
After about three months of reviewing bank statements showing that the first withdrawals had been made, Mr. Drezin said, he noticed that the account was not collecting any interest and that the funds had all been deposited in the bank Mr. Mariel founded, New York National Bank.
Mr. Drezin did not question the integrity of the distribution process, but he said that Mr. Mariel’s banking choice amounted to “a conflict of interest and a violation of his fiduciary obligations toward the fund.” He also said they had clashed over how the board should respond to reporters; Mr. Drezin said that he pushed for an open-door policy but that Mr. Mariel was against it.
Mr. Mariel is well respected in the Bronx, where he has built a solid reputation as a businessman. His bank opened branches in the South Bronx at the onset of the crack cocaine epidemic, when few others dared to do so.
“Perhaps much of this has unfortunately a lot to do with a clash of personalities,” said Assemblyman Rubén Díaz Jr. of the Bronx, who is running for the borough president seat left vacant by Mr. Carrión, now the White House urban affairs chief.
Mr. Rivera, for his part, described Mr. Mariel as a “sound individual.” Although he had a role in naming Mr. Mariel to the fund’s board, he said he was not familiar with its inner workings.
“I don’t know if there’s any internal conflict in the organization itself,” Mr. Rivera added. “As long as the $800,000 was distributed to the Bronx community, that no one is making money on the side, I’ll leave it up to the lawyers and the judge to decide on the merits of these allegations.”
Mr. Rivera, for his part, described Mr. Mariel as a “sound individual.” Although he had a role in naming Mr. Mariel to the fund’s board, he said he was not familiar with its inner workings.
“I don’t know if there’s any internal conflict in the organization itself,” Mr. Rivera added. “As long as the $800,000 was distributed to the Bronx community, that no one is making money on the side, I’ll leave it up to the lawyers and the judge to decide on the merits of these allegations.”
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