Posted By Mohammad Sagha

In his new book, George W. Bush writes that he was under pressure not just from hawks in the United States to invade Iraq, but from Arab statesmen as well.

In a revealing passage, Bush writes that President Hosni Mubarak of Egypt "told Tommy Franks that Iraq had biological weapons and was certain to use them on [American] troops," a VOA article highlights. Bush goes on to say that Mubarak "refused to make the allegation in public for fear of inciting the Arab street."

Additionally, Saudi Arabia's Prince Bandar bin Sultan, who served as the influential Saudi ambassador to the United States for over 20 years and who Bush calls "a friend of mine since dad's presidency" also wanted a "decision" to be made -- although this seems less direct an indictment than "Iraq has biological weapons and will use them against you."

So while the Arab street was firmly opposed to American intervention in Iraq, Arab heads of states were quietly and secretly either encouraging or tacitly endorsing allegations that Iraq had weapons of mass destruction, a fact that was directly being used as the principal justification for invading the country.

Sound familiar?

KHALED DESOUKI/AFP/Getty Images

Posted By Andrew Swift

At a Monday lecture in Los Angeles, Bush presidential advisor Karl Rove was given a very, very warm welcome. Audience members called him a war criminal and yelled that he would "rot in hell." One member of activist group Code Pink even approached him with handcuffs to make a citizen's arrest.

This is not the first time Rove's been greeted by a less-than-friendly mob. In March, 2008, Rove spoke at the University of Iowa in front of more than 1,000 people. (Full disclosure: I was a member of the University of Lecture Committee, which invited Rove, and planned and hosted the lecture.) There were a few Rove-sympathizers among the crowd, but the vast majority took the opportunity to scream at him, attempt citizen's arrests, etc., etc., for over an hour. The fracas was later made the first chapter of Paul Alexander's Machiavelli's Shadow: The Rise and Fall of Karl Rove.

But onto the real question: Is Karl Rove a war criminal? The Fourth Geneva Convention of 1949 reads:

Art. 146. The High Contracting Parties undertake to enact any legislation necessary to provide effective penal sanctions for persons committing, or ordering to be committed, any of the grave breaches of the present Convention defined in the following Article...

Art.147. Grave breaches to which the preceding Article relates shall be those involving any of the following acts, if committed against persons or property protected by the present Convention: wilful killing, torture or inhuman treatment, including biological experiments, wilfully causing great suffering or serious injury to body or health, unlawful deportation or transfer or unlawful confinement of a protected person, compelling a protected person to serve in the forces of a hostile Power, or wilfully depriving a protected person of the rights of fair and regular trial prescribed in the present Convention, taking of hostages and extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly.

Given that Rove, a political and communications strategist, was in no position to authorize any use of military force, and had no authority to order detention or interrogation policies, it'd seem that he does not in anyway qualify as a war criminal. Looks like these protesters need to get a new line.

Justin Sullivan/Getty Images

Posted By Joshua Keating

Earlier today, former U.S. President George W. Bush called British conservative leader David Cameron to try to convince him to urge his allies in the Northern Irish Ulster Unionist party to support a deal that would give the government in Belfast control over police.

As one source told the Guardian, "This is the most active thing George W Bush has done in his post-presidency period." Declan Kelly , the U.S. economic envoy to Northern Ireland aparrently asked Bush to make the call after the White House became increasingly concerned over Belfast's inability to strike a deal. 

It might seem odd that Bush would choose break his radio silence on Northern Ireland, an issue on which his track record isn't well known. But as the Guardian's Henry Macdonald writes, his role in the peace process is more substantial than many realize: 

Nationalist Ireland has enjoyed a love affair with former US president Bill Clinton since the earliest days of the search for peace in Northern Ireland. His high profile post-ceasefire visits to Belfast were meant to set the seal on the process.

However, it was arguably his successor in the White House, George Bush, who drove the political process forward to the once unthinkable scenario of the Democratic Unionists sharing power with Sinn Féin.

The deal that led to power sharing between the DUP and Sinn Féin was sealed at the St Andrews negotiations in 2006. Central to that deal was Sinn Féin agreeing to drop its historic opposition to the police in Northern Ireland - a key DUP precondition before entering government with the republican party.

The key figure in the Americans persuading the DUP and Sinn Féin to come together was Bush's special envoy to Northern Ireland, Mitchell Reiss. Reiss, in the summer of 2006, won the confidence of the DUP by insisting Bush's ban on Sinn Féin raising funds in North America would remain in place.

Bush's intervention doesn't seem to have had much effect. The Unionists are still opposed to the deal. But coming after Obama sent Bush, along with Bill Clinton, on a mission to Haiti in January, it does seem like something of an olive branch to the former president. It's hard to imagine there are too many international constituencies that are looking forward to receiving a call from Bush -- Ulster Unionists, Kosovar nationalists, the Georgian government -- but there's no reason not to enlist his services when they may be of help.  

Eric Draper/The White House via Getty Images

Posted By Annie Lowrey

Well, I just watched John Yoo -- a member of the Office of Legal Counsel during the George W. Bush administration and the author of the infamous "torture memos"  -- on Jon Stewart's The Daily Show. It was among the more excruciatingly awkward spectacles I've seen on television. (I've always admired Stewart's willingness to have his shows inform, not just entertain, no matter how strange it makes the viewing.) At the end of the show, with Yoo off the stage, Stewart made the point himself, recommending his viewers overseas play the tape if they catch any high-value detainees. It was one of, by my count, four jokes in the second half of the broadcast.

Why so awkward? The two never engaged. They questioned and parried. They talked past one another. Stewart couldn't catch Yoo in a lie, couldn't call his arguments what they were, and clearly seemed frustrated. He had brushed up on Yoo's infamous briefs. He wanted to engage Yoo. But the lawyer -- as brilliant a legal mind as there is in the United States, some insist, dressed in a gray wool suit, looking every bit the professor -- simply explained away.

The answers to the questions sound rote to my ears by now. (Before joining Foreign Policy, I worked at The New Yorker, and spent months researching for staff writer Jane Mayer's book The Dark Side, which is all about the extralegality of the Bush approach to the war on terror.)  Concerns about the legality of harsh interrogation only come up during wartime, Yoo says. The White House asked him to define the legal limits of interrogation, and he defined them as best he could, he says. Nobody had ever addressed what interrogation is legal and what isn't, he says. We do not use law-enforcement standards during wartime, he says -- we don't read terrorists their Miranda rights when we arrest them in places like Pakistan.

Yoo established such arguments in his briefs from his tenure at OLC. Since then, the legal establishment, and the government, has cast them aside. The question of what the U.S. government can and cannot do to prisoners of war is clearly delineated in both U.S. and international legal codes. The U.S. government  has confronted such questions every single time it has sent a soldier or a CIA operative overseas, anywhere from Vietnam to Kosovo, and detained suspected enemies. I was disheartened not to hear more push-back -- oh, to have, say, Harold Koh or Greg Craig in Stewart's seat! -- but not surprised.

But Yoo made a secondary argument, which I hadn't seen him make before -- one about partisan politics. When Stewart first welcomed Yoo onto the stage, he asked him how it felt to come on television knowing the animus against him. Yoo described it as the same animus Stewart, an avowed liberal, gets from hard-line conservatives. Later in the broadcast, Yoo said that some people cast aspersions on the Bush White House for the same reason that some people do on the Obama White House.

I fail to understand how despising the creative rewriting of U.S. law -- how massively, secretly expanding the powers of the executive to allow the government to torture -- is a partisan issue. Yoo and his associates, the Jay Bybees of the past administration, did the United States -- Republican and Democrat, liberal and conservative, communist and libertarian, whatever political stripe --  a tremendous disservice with their irresponsible legal freelancing. They saw the limits of the law. Rather than delineating them in black and white, they rewrote them in vibrant, torturous color.

Take just one example. It's Yoo we have to thank for the short-lived classification of harsh interrogation methods as legal as long as they do not cause organ failure. He apparently culled the language for the description from a medical textbook and turned it into law without any precedent. There's nothing partisan about seeing that for what it is. 

Posted By Annie Lowrey

Deborah Solomon, the New York Times Magazine's Q&A writer, has an interview with John Yoo.

The Berkeley professor and law scholar worked in the Office of Legal Counsel during the George W. Bush administration and is the author of the infamous "torture memos" arguing that harsh interrogation, as long as it does not cause pain tantamount to organ failure, is legal.

It's worth a read in full -- he says Lincoln is the president who most overstepped his authority and that he has never met Bush -- but here's my favorite part: 

I see various groups are protesting a decision by a California government lawyer to teach a course with you that starts on Jan. 12, claiming he is legitimizing your unethical behavior.
At Berkeley, protesting is an everyday activity. I am used to it. I remind myself of West Berlin — West Berlin surrounded by East Germany during the Cold War.

Are you saying the citizens of Berkeley are Communists, reminiscent of those on the dark side of the Iron Curtain?
There are probably more Communists in Berkeley than any other town in America, but I think of them more as lovers of Birkenstocks than Marx.

When, exactly, did you become a conservative?
I’ve been one since I was a kid. I was 9 when Jimmy Carter took office. I can remember him giving a speech in a funny sweater and asking people to turn down thermostats. And then there was the malaise speech. I thought they meant mayonnaise.

You were born in South Korea and grew up in and around Philadelphia, the son of two doctors. What sort of doctors?
Psychiatrists.

What effect did that have on you?
I hope none.

Are they psychoanalysts?
I couldn’t tell you. I don’t actually know that much about their work. I’ve never really been interested.

A psychiatrist might say you are in denial.
I deny that I am in denial.

Posted By Annie Lowrey

Today, Greg Craig, the White House's top legal advisor, stepped down from the post he once described as his dream job. The speculation over the much-respected lawyer's resignation has been swirling for months, reaching a fever pitch back in October, when the New York Times published a story on the controversy in the White House office of legal counsel.

Craig's resignation comes on the day the administration announced it will    try Khalid Sheikh Mohammed -- among the tougher Guantanamo cases from a prosecutorial stance, given that he was tortured and that the government hopes to seek the death penalty -- in federal court a few blocks from Ground Zero.

The most obvious reason (Craig gave none specifically in his resignation note) is that he was the person charged with closing the facility at Guantanamo Bay, determining how to relocate and try all of the detainees. When Obama came into office, he promised it would be done by Jan. 22, 2010. It will not, likely costing Craig his job. The October Times story explained:

When an administration stumbles, whispers begin and fingers point in search of someone to blame. At a certain point, assumptions can become self-fulfilling, and an official in the cross hairs finds it harder to do the job. In Mr. Craig’s case, friends said he was unfairly being made a scapegoat for decisions supported across the administration.

It is, of course, not a good thing that the administration has stumbled in its goal of closing Guantanamo. But it is worth considering that it isn't really Craig's fault at all.

Gitmo, ultimately, isn't closed because Craig did not take any of the easy ways out. He could have moved all of the prisoners to Bagram or another overseas military facility. He could have tried all of them in military commissions, the legal process jerry-rigged by the Bush administration. Because, in part, of Craig's insistence on taking each case separately and at least trying to conform to U.S. law, Guantanamo remains open.

It is a much lesser sin than what came before it. Craig is stepping down less due to his own failures than due to the extralegal maneuvering of the Bush administration. Lawyers like John Yoo and David Addington made a mockery of due process back then, and their sins are now being revisited upon members of the Obama administration. If anyone should have to answer for Greg Craig's job, it is John Yoo.

Posted By Joshua Keating

Center for Security Policy President Frank Gaffney's new Washington Times column arguing that after the Cairo speech "there is mounting evidence that the president not only identifies with Muslims, but actually may still be one himself," is not really worth much of a response.

But these two pieces of Gaffney's "evidence" did jump out at me:

Mr. Obama referred four times in his speech to "the Holy Koran." Non-Muslims -- even pandering ones -- generally don't use that Islamic formulation.

Mr. Obama established his firsthand knowledge of Islam (albeit without mentioning his reported upbringing in the faith) with the statement, "I have known Islam on three continents before coming to the region where it was first revealed." Again, "revealed" is a depiction Muslims use to reflect their conviction that the Koran is the word of God, as dictated to Muhammad. 

After about 30 seconds of Googling, I present the venerable Islamic theologian George W. Bush:

The Islam that we know is a faith devoted to the worship of one God, as revealed through The Holy Qu'ran
Besides, if Obama were really a secret Muslim, he'd probably have done a better job pronouncing al Azhar and hijab.  

MANDEL NGAN/AFP/Getty Images

Posted By Annie Lowrey

Back in April, U.S. President Barack Obama said his administration would release photographs of the abuse of detainees in prisons in Afghanistan and Iraq. Here's from the UPI wire story:

The Obama administration, in an agreement with the American Civil Liberties Union, said Thursday it will release photos of alleged abusive interrogations.

At least 44 photographs will be released May 28, the Los Angeles Times reported. While details of the photos have not been reported, some are said to show U.S. military personnel pointing weapons at suspected terrorists during questioning.

"This will constitute visual proof that, unlike the Bush administration's claim, the abuse was not confined to Abu Ghraib and was not aberrational," said Amrit Singh, an ACLU lawyer.

The decision was widely applauded at the time; the Obama administration, it seemed, was taking a stand against abusive interrogations and shining a powerful light into some dark corners. 

Obama said, "I want to emphasise that these photos that were requested in this case are not particularly sensational, especially when compared to the painful images that we remember from Abu Ghraib." He also later said the small number of perpetrators were charged and tried in 2004.

The administration then abruptly changed course, saying it would not release the photographs. The White House spokesman, Robert Gibbs, explained, "The president believes that the specific case surrounding the damage that would be done to our troops and our national security has not fully been developed and put in front of the court." The ACLU accused the White House of betrayal and stonewalling.

Today -- the day the Obama administration would have been required to release the photos, incidentally --  we may have found out why.

Ret. Major General Antonio Taguba, the author of the Abu Ghraib report, described their content to the Daily Telegraph

These pictures show torture, abuse, rape and every indecency. I am not sure what purpose their release would serve other than a legal one and the consequence would be to imperil our troops, the only protectors of our foreign policy, when we most need them, and British troops who are trying to build security in Afghanistan. The mere description of these pictures is horrendous enough, take my word for it.

To be honest, I'm not sure I have much to say about this, beyond that it's deeply unsettling, and raises more questions than it answers.

For one, I can't verify that Taguba is speaking about the same set of photos as Obama and the ACLU; I don't think Obama would have agreed to release the photos if the content were so graphic and dangerous, to the coalition forces and to the victims. 

Second, I don't know why Taguba, who has been retired for two years, who no longer speaks for the military, gave this interview. The Pentagon has already discredited the paper and said that the description of the photos is inaccurate. 

Third, we know of incidences of sexual abuse at Abu Ghraib. If these photos concern new incidences, I hope that all the perpetrators have been court-martialled and tried, already. The "few bad apples" line is only valid if we have confidence in the oversight and governance of U.S. prisons abroad. (Not really a comparison here, but an n.b., that sexual abuse and prison rape is a systemic problem in the U.S.) 

And finally, nothing yet from the ACLU on their site. I'll be interested to see what they have to say about this.

Posted By Joshua Keating

When I registered last week to attend Dick Cheney's speech today, I already knew it was going to be a big event, but with President Obama's Guantanamo speech immediately preceding it and the ensuing "dueling speeches" hype, AEI's Wohlstetter Conference Center took on the atmosphere of a prize fight, complete with the obligatory famous (for D.C.) attendees.

We watched Obama's speech on an overhead projector and when it ended, I half expected the room to go dark for Cheney's introduction. (AEI president Arthur Brooks makes a somewhat unsatisfying Don King figure.)

The "duel" theme felt especially strange since Cheney's speech wasn't really a rebuttal to Obama's in any real sense. Cheney's prepared remarks were passed out before Obama's speech had even ended and except for a shortened introduction, he didn't deviate from them at all.

In some sense, it would have been nice to hear actual dueling speeches in which the former vice president would actual respond to the points Obama made. For instance, Cheney repeated this currently popular talking point:

Attorney General Holder and others have admitted that the United States will be compelled to accept a number of the terrorists here, in the homeland, and it has even been suggested US taxpayer dollars will be used to support them.  On this one, I find myself in complete agreement with many in the President’s own party. Unsure how to explain to their constituents why terrorists might soon be relocating into their states, these Democrats chose instead to strip funding for such a move out of the most recent war supplemental.

But Obama had already denounced this argument as a scare tactic and made this point: 

We will seek to transfer some detainees to the same type of facilities in which we hold all manner of dangerous and violent criminals within our borders – highly secure prisons that ensure the public safety. As we make these decisions, bear in mind the following fact: nobody has ever escaped from one of our federal "supermax" prisons, which hold hundreds of convicted terrorists. 

I would have liked to hear Cheney's response to this point (Senate Majority Leader Harry Reid also can't be thrilled that Dick Cheney is now his highest profile ally in this fight).

As another example, Obama's point that "unlike the Civil War or World War II, we cannot count on a surrender ceremony to bring this journey to an end" was a fairly good rebuttal to Cheney's arument that because there has not been a repeat of the 9/11 attacks, the Bush administration's antiterrorism tactics should be "continued until the danger has passed." Of course, it's unlikely to ever be clear when the danger has passed, meaning that the extraordinary authority that Cheney believes the president should be afforded will only be afforded at the president's own discretion.

At the same time, Cheney made some points that it would have been enlightening to hear Obama respond to as well, such as the new study Cheney highlighted showing that one in seven released Guantanamo detainees returns to terrorism or his admonishment of the administration for revealing details of interrogation methods without releasing the information they were used to obtain.

But in the end, the "dueling speeches" set-up has to be counted as a victory for Obama. The format increased the attention paid to Cheney's speech and the fact that much of what Cheney said had already been answered by Obama, made the Republican position look out of touch with recent developments. The administration seems to have decided that the best way to make its case is to set up Dick Cheney as the face of the opposition. Still, a real debate between these two would have been pretty fascinating.

SAUL LOEB/AFP/Getty Images

Posted By Annie Lowrey

Yesterday, the New York Times reported on a leaked Pentagon document showing that one in seven detainees released from Guantanamo has returned to terrorism. 

An unreleased Pentagon report concludes that about one in seven of the 534 prisoners already transferred abroad from the detention center in Guantánamo Bay, Cuba, are engaged in terrorism or militant activity, according to administration officials.

The conclusion could strengthen the arguments of critics who have warned against the transfer or release of any more detainees as part of President Obama's plan to shut down the prison by January. Past Pentagon reports on Guantánamo recidivism have been met with skepticism from civil liberties groups and criticized for their lack of detail. 

The one-in-seven statistic is problematic. It might be too high. It might be too low. The category of "terrorism or militant activity" is broad; tracking released detainees and determining what they're doing -- that's not easy.

It's clear that the finding will put additional pressure on Obama administration officials to hold detainees, rather than release them. 

More interesting will be the reaction of Bush administration defenders to this statistic. Does it mean we're minting terrorists in Guantanamo? Or does it mean these people were always too dangerous to release?

Posted By Annie Lowrey

U.S. President Barack Obama and former Vice President Dick Cheney are both giving national security speeches on Guantanamo Bay policy this morning -- Obama at 10:10 (he isn't on yet) and Cheney at 10:45. FP's Joshua Keating is at AEI to see Cheney, and he'll report back later today.

In the meantime, watch Obama streaming here and Cheney streaming here

Update: Here's the text of Obama's speech.

Tone-setting quote: 

On all of these matter related to the disclosure of sensitive information, I wish I could say that there is a simple formula. But there is not. These are tough calls involving competing concerns, and they require a surgical approach. But the common thread that runs through all of my decisions is simple: we will safeguard what we must to protect the American people, but we will also ensure the accountability and oversight that is the hallmark of our constitutional system. I will never hide the truth because it is uncomfortable. I will deal with Congress and the courts as co-equal branches of government. I will tell the American people what I know and don't know, and when I release something publicly or keep something secret, I will tell you why.

In all of the areas that I have discussed today, the policies that I have proposed represent a new direction from the last eight years. To protect the American people and our values, we have banned enhanced interrogation techniques. We are closing the prison at Guantanamo. We are reforming Military Commissions, and we will pursue a new legal regime to detain terrorists. We are declassifying more information and embracing more oversight of our actions, and narrowing our use of the State Secrets privilege. These are dramatic changes that will put our approach to national security on a surer, safer and more sustainable footing, and their implementation will take time.

A D.C. fourth grader grilled former Secretary of State Condoleezza Rice on her approval for the waterboarding of detainees in Guantanamo, which, echoing Nixon, she described as "by definition" not illegal if approved by the president. Her response again checked September 11:

Let me just say that President Bush was very clear that he wanted to do everything he could to protect the country. After September 11, we wanted to protect the country," she said. "But he was also very clear that we would do nothing, nothing, that was against the law or against our obligations internationally. So the president was only willing to authorize policies that were legal in order to protect the country. 

"I hope you understand that it was a very difficult time. We were all so terrified of another attack on the country. September 11 was the worst day of my life in government, watching 3,000 Americans die...Even under those most difficult circumstances, the president was not prepared to do something illegal, and I hope people understand that we were trying to protect the country."

She's going to be answering that same question for the rest of her life, I think. And it appears she has her answer down. 

 

With a hat-tip to our incoming intern Michael Wilkerson, here's tape of former Secretary of State Condoleezza Rice defending the Bush administration enhanced interrogation policies -- which she insists never led to torture -- speaking off-the-cuff at a Stanford University dorm. Here's a really quick transcript [updated] -- will correct for word-errors:

 

How are we supposed to continue promoting America as this guiding light of democracy and how are we supposed to win hearts and minds in the world as long as we continue with these actions?

Well, first of all, you do what's right. That's the most important thing -- that you make a judgment of what's right.  And in terms of enhanced interrogation, and rendition, and all the issues around the detainees. Abu Ghraib is, and everyone said, Abu Ghraib was not policy. Abu Ghraib was wrong and nobody would argue with...

Except that information that's come out since then speaks against that.

No, no, no -- the information that's come out since then continues to say that Abu Ghraib was wrong. Abu Ghraib was. But in terms of the enhanced interrogation and so forth, anything that was legal and was going to make this country safer, the president wanted to do. Nothing that was illegal. And nothing that was going to make the country less safe.

And I'll tell you something. Unless you were there in a position of responsibility after September 11th, you cannot possibly imagine the dilemmas that you faced in trying to protect Americans. And I know a lot of people are second-guessing now, but let me tell you what the second-guessing that would really have hurt me -- if the second-guessing had been about 3,000 more Americans dying because we didn't do everything we could to protect them.

If you were there in a position of authority, and watched Americans jump out of 80-story buildings because these murderous tyrants went after innocent people, then you were determined to do anything that you could that was legal to prevent that from happening again. And so I think people do understand that.

Now, as to Saudi Arabia and Kuwait and so forth -- I agree with you. We have tried to use the trafficking in persons and all of those measures, human rights reports and so forth, to put a spotlight on the kinds of problems that you have in places like Saudi Arabia or Kuwait or Oman or other places. But you can't -- you don't have the luxury in foreign policy of saying, alright, I won't deal with that country because I don't like its human rights record. You don't have that luxury. So if you need Saudi Arabia to fight al Qaeda internally -- which is by the way where al Qaeda came from -- or if you need Saudi Arabia to be part of a coalition that's going to help bring a Palestinian state, you can't decide not to deal with Saudi Arabia because of its problems with human rights. Or, if you need to make sure that the Gulf is safe from Iranian influence -- you want to talk about human rights abusers? -- Iran.

I'm well aware.

Excuse me?

I'm well aware.

So, foreign policy is full of tough choices. Very tough choices. The world is not a bunch of easy choices in which you get to make ones that always feel good.

I'm aware, but...[I'm sorry, we have to move]

Let him finish, let him finish.

Even in World War II, as we faced Nazi Germany -- probably the greatest threat that America has ever faced -- even then...

With all due respect, Nazi Germany never attacked the homeland of the United States.

No, but they bombed our allies...

No. Just a second. Three thousand Americans died in the Twin Towers and the Pentagon.

500,000 died in World War II, and yet we did not torture the prisoners of war.

And we didn't torture anybody here either. Alright?

We tortured them in Guantanamo Bay.

No, no dear, you're wrong. Alright. You're wrong. We did not torture anyone. And Guantanamo Bay, by the way, was considered a model "medium security prison" by representatives of the Organization of Security and Cooperation in Europe who went there to see it. Did you know that?

 Were they present for the interrogations?

No. Did you know that the Organization -- just answer me -- did you know that the Organization of Security and Cooperation in Europe said Guantanamo was a model medium security prison?

No, but I feel that changes nothing...

No -- Did you know that?

I did not know that, but that changes absolutely nothing.

Alright, no -- if you didn't know that, maybe before you make allegations about Guantanamo you should read.

Now, the ICRC also had access to Guantanamo, and they made no allegations about interrogations at Guantanamo. What they did say is that they believe indefinite detention, where people didn't know whether they'd come up for trial, which is why we tried with the military commissions system to let people come up for trial. Those trials were stayed by whom? Who kept us from holding the trials?

I can't answer that question.

Do your homework first.

I have a question...

Yes. The Supreme Court.

I read a recent report, recently, that said that you did a memo, you were the one who authorized torture to the -- I'm sorry, not torture, waterboarding. Is waterboarding torture?

The president instructed us that nothing we would do would be outside of our obligations, legal obligations, under the Convention Against torture. So that's -- and by the way, I didn't authorize anything. I conveyed the authorization of the administration to the agency. That they had policy authorization subject to the Justice Department's clearance. That's what I did.

Okay. Is waterboarding torture?

I just said -- the United States was told, we were told, nothing that violates our obligations under the Convention Against Torture. And so, by definition, if it was authorized by the president, it did not violate our obligations under the Conventions Against Torture.

Thank you.

Alright.

 

That's the most articulated defense of enhanced interrogation -- now, we call it torture -- we have from a high-ranking Bush official. 

Posted By Annie Lowrey

Washington Independent blogger Spencer Ackerman -- read his reporting on the torture issue, seriously -- follows up on Laura Rozen's post on John Kiriakou.

In 2007, Kiriakou famously went on television to describe waterboarding, and discussed the single incidence in which Abu Zubaydah was waterboarded. After just 30 or 35 seconds, Kiriakou said, Zubaydah started singing and never needed to be tortured again. 

But Kiriakou wasn't there for the waterboarding -- he was half a world away, in Langley -- and Zubaydah was waterboarded more than 80 times. The New York Times first noted the difference in the two stories.

I remember wondering at the time why Kirkiakou was allowed to come forward and talk about interrogations so sensitive the Bush administration created a special "top secret" designation for them. Why didn't the CIA revoke his pension and prosecute him for leaking? 

The New York Times writes:

The C.I.A., which considered legal action against Mr. Kiriakou for divulging classified information, said last week that he "was not - and is not - authorized to speak on behalf of the CIA."

Paul Gimigliano, a C.I.A. spokesman, said: "This agency did not publicly disclose the frequency with which the waterboard was used, noting only that it was employed with three detainees. If reporters got that wrong, they weren't misled from here."

The CIA didn't do much to repudiate or discredit Kiriakou at the time, despite the fact that he broke a central covenant of his profession. Here's the CIA response, as reported by ABC News: 

The former CIA intelligence official who went public on ABC News about the agency's use of waterboarding in interrogations, John Kiriakou, apparently will not be the subject of a Justice Department investigation, even though some CIA officials believe he revealed classified information about the use of waterboarding.

"They were furious at the CIA this morning, but cooler heads have apparently prevailed for the time being," a senior Justice Department official told the Blotter on ABCNews.com.

Gen. Michael Hayden, the CIA director, did sent out a classified memo this morning warning all employees "of the importance of protecting classified information," a CIA spokesperson told ABCNews.com.

Had they wanted to silence or punish him, surely they could have. It all seems a bit strange to me, and leads to one obvious possibility: John Kiriakou -- telegenic and well-spoken John Kiriakou, who never went to jail for blasting state secrets on television -- was told the story to tell and released onto an unsuspecting public. It's an impression the CIA will have difficulty dulling now. 

For, Kirkiakou went on to act as a "paid consultant" for ABC news after the interview, Laura reports.

Posted By Annie Lowrey

Earlier today, I spoke with veteran Washington Post reporter Dana Priest. My question was simple: At what point did it become clear that the United States' treatment of detainees in overseas prisons was harsh, and possibly illegal? (For more FP torture coverage, see here.)

Allegations of detainee abuse first started trickling out in January 2002 -- in essence, as soon as detainees came into U.S. custody. But it wasn't until eleven months later that Priest and fellow Post reporter Barton Gellman wrote the first definitive account of such abuse. On the day after Christmas, 2002, the Post described "stress and duress" tactics, extraordinary rendition to countries like Syria, and the harsh treatment of al Qaeda operative Abu Zubayda. The article used the word torture -- saying that the United States harshly interrogated prisoners, and sent them to foreign prisons to gain the "fruits" of torture without having to do it themselves.

According to one official who has been directly involved in rendering captives into foreign hands, the understanding is, "We don't kick the [expletive] out of them. We send them to other countries so they can kick the [expletive] out of them."

Back then, the CIA was Priest's beat. She says her tip-off on the "stress and duress" story came when she noticed a separate, unmarked compound near the main Bagram holding facility. "It wasn't in the military compound," she says. "But it was surrounded with triple concertina wire," the type used in high-security prisons. "I thought -- they have a separate facility, so are they working under separate rules? I knew the CIA and military were working in teams together, but at what?"

She and a team of Post reporters, among them Rajiv Chandrasekaran and Barton Gellman, working in parallel and in competition to New York Times writers like Tim Golden and Carlotta Gall, started piecing the stories together. "Really, there were just a handful of reporters who could make inroads on the subject," she says.

The reporting was painstaking. "It was a very decentralized thing. You weren't even sure what the questions were," she says. "We couldn't connect it up. We couldn't see the big picture. And there was no past reporting to go on. Everyone was making it up. We'd follow these little reports from Afghanistan, about people disappearing. That was it."

Crucial to the success of the early reporting were the teams of lawyers at organizations like the Center for Constitutional Rights struggling to glean information on detainees. "We were all getting little teeny scraps and putting it together painstakingly," she says. "Nobody told you the whole story, or even a quarter of a story." One Post article on an extraordinary rendition came together because a someone happened to write down the number on the tail of an airplane. "You needed to keep those little scraps in your head," Priest notes.

Another big break -- for which she won a Pulitzer Prize -- came when she completed a story about the black sites, secret overseas prisons. The story took more than two years to report, and, she says, reporting on the subject still didn't get much easier -- it took years for Congress to devote as much attention to it as reporters and defense lawyers were.

"Congress did nothing," she says, "until political winds had changed, and the Democrats were feeling a little more at ease in the world. It's a new feeling for them. Because, before, there were Democrats in those meetings saying, ‘Do what you've got to do.'"

Alex Wong/Getty Images

Posted By Annie Lowrey

Torture: it's a byzantine tale that unraveled over the course of eight years, and is only reaching its denouement this week. There are two strands, both vitally important, to follow. One's the story of what happened and when (for that, see FP's torture timeline). The other is the story of when we knew it.

Indeed, this week, it seems like the torture story's just breaking through. But, allegations of abuse and even prisoner death started emerging as soon as the United States had prisoners in custody. And reporters have doggedly covered it since then.

One of the first Washington Post stories on the treatment of detainees from the War on Terror arrived in January 2002, just months after 9/11 and the subsequent U.S. invasion of Afghanistan. Already, there were 158 detainees from 25 different countries held in Guantanamo Bay, and two congressional delegations had traveled there to review conditions. The detainees were getting 2,400 calories a day, the Post story reported. "Some of them are getting medical attention for the first time in their lives," Senator Bill Nelson proudly noted.

There were also already allegations of prisoner abuse. Photos showing bound, blindfolded, and shackled detainees on their knees appeared as soon as prisoners arrived in Gitmo -- the International Committee of the Red Cross censured the U.S. for the photos, which violated the Geneva Conventions.

The following month, in February, President George W. Bush issued an executive order denying detainees the privileges and protections of the Geneva Conventions. The United States started down the road that culminated in Abu Ghraib, Guantanamo, Bagram, and the black sites -- secret overseas prisons, in countries like Egypt, where prisoners were sent via "extraordinary rendition" and the worst detainee abuse may have happened.

Reports of U.S. soldiers abusing persons they detained in Afghanistan emerged that winter as well -- kicking and beating them after they'd already been shackled. The military went on the defensive. "I don't believe that any of the detainees...were subject to beatings or rough treatment after they were taken into custody," General  Richard B. Myers told the New York Times. "All 27 detainees were medically screened upon arrival in Kandahar, and there were no issues of beatings or kickings or anything of that sort."

Over the next year, the trickle became a stream. The military admitted using harsh techniques on Abu Zubayda and Khalid Sheikh Mohammed, high-ranking al Qaeda operatives we now know were repeatedly waterboarded.

At the time, officials told the New York Times "physical torture would not be used against Mr. Mohammed...They said his interrogation would rely on what they consider acceptable techniques like sleep and light deprivation and the temporary withholding of food, water, access to sunlight and medical attention."

It took the prisoner abuse scandal at Abu Ghraib, broken by veteran reporter Seymour Hersh and CBS News, to blow the door open -- that happened in April 2004.

It spawned a glut of media attention, as well as congressional hearings and a series of governmental reports: the Taguba report (on the Abu Ghraib scandal), the Schlesinger report (which described how harsh techniques from Afghanistan crept into Iraq), the Fay Jones report (on the Army personnel responsible for prisoner abuse at Abu Ghraib), the Church report (71 cases of abuse, six deaths). Over the next years came the Schmidt report (which said treatment at Guantanamo was humane, in 2005, after the waterboarding of Abu Zubayda and Khalid Sheikh Mohammed), as well as the Senate Armed Services Committee Report released this week. 

So, most of the foundational reporting on torture happened in late 2003, 2004, and 2005 -- by reporters like Dana Priest of the Washington Post and Jane Mayer of the New Yorker, describing extraordinary rendition and the black site prisons.

But it's crucial to remember that a small group of reporters -- at the New York Times, McClatchy, the Washington Post, Time magazine, Newsweek magazine, and the New Yorker -- had the story before it was a story. They worked with a slight and growing handful of congressional, White House, military, Justice Department, legal, and other sources. They used a list-serv started by lawyers working on detainee cases to learn information. And they opened the door for Abu Ghraib to open the door further.  

Spencer Platt/Getty Images

Posted By Blake Hounshell

One likely impact of the Bush adminstration interrogation policy that hasn't been widely discussed is that many U.S. partners are probably less likely to cooperate if they think their intelligence will be used for ill. And indeed, that seems to be the case. The Washington Post, in a must-read story today:

One of those present said that when asked, the CIA officers acknowledged that some foreign intelligence agencies had refused, for example, to share information about the location of terrorism suspects for fear of becoming implicated in any eventual torture of those suspects.

Posted By Annie Lowrey

There's been a wealth of information released on the treatment and torture of detainees in U.S. custody in the past days. Here's a capsule of the new news:

  • The Senate Armed Services Committee released a declassified report, written in November, 2008.  The report describes how the Pentagon used SERE techniques, meant to help captured soldiers resist foreign interrogators, to break down U.S. detainees.
  • A New York Times story pointed out that the CIA did no due diligence on the history of SERE techniques before using them on detainees.
  • The Senate Select Committee on Intelligence released a narrative history of the harsh treatment of detainees like Abu Zubayda. It works through the myriad overlapping Office of Legal Counsel opinions pertaining to detainee treatment.  
  • Last week, the Obama administration released four memos, requested by the ACLU under the Freedom of Information Act, detailing the Bush administration's legal case for torture. The memos, which had few redactions, described in intricate detail what happened to detainees during interrogations -- including forced nudity, forced wakefulness, beatings and slappings.  
  • A blogger parsing released memos found that Abu Zubayda and Khalid Sheikh Mohammed, two of the three people waterboarded at the hands of CIA interrogators, were waterboarded 266 times
  • Questions arose about whether the brutal treatment of detainees ever led to actionable intelligence. To this end, in a Fox News interview, former Vice President Dick Cheney asked for the release of memos showing that waterboarding worked. Marc Thiessen, a former George W. Bush speechwriter, took to the pages of the Washington Post's editorial section to argue that enhanced interrogation prevented terrorist attacks.
  • President Obama went forward and back about the prosecution for the CIA agents who tortured detainees; ultimately the decision belongs to Attorney General Eric Holder. Top torture reporter Jane Mayer at The New Yorker started to deconstruct the "invisibility cloak" President Obama cast last week. 

Posted By Annie Lowrey

I asked Tom Malinowski, the Washington advocacy director for Human Rights Watch and a former Clinton administration official, to work through some of the foreign policy implications of the newly released torture memos with me.

We discussed whether the Bush administration memos encouraged other countries to torture, or led to any global uptick in "enhanced interrogation" practices. "I've always tried to be careful not to suggest that countries like Egypt or China or Uzbekistan would be torturing more because the United States was setting a bad example. Obviously, dictatorships torture for their own reasons, and they didn't need [former U.S. President] George W. Bush to show them how," he says.

But, the Bush administration torture of detainees and disavowal of the Geneva Conventions did preclude diplomacy on many occasions, Malinowski says. He testified before the Helsinki Commission in 2007 to make the point:

A couple of years ago, Human Rights Watch was meeting with the Prime Minister of Egypt, and we raised a case in which hundreds of prisoners rounded up after a terrorist bombing were tortured by Egyptian security forces.   The Prime Minister didn't deny the charge.  He answered, "We're just doing what the United States does."  We've had Guantanamo and the administration's interrogation policies thrown back in our face in meetings with officials from many other countries, including Saudi Arabia, Jordan, Pakistan and Lebanon.  U.S. diplomats have told us they face the same problem.  A U.S. ambassador to a leading Middle Eastern country, for example, has told us that he can no longer raise the issue of torture in that country as a result. 

Malinowski says the detainee abuse made it difficult for the White House to negotiate any human rights provisions or issues, broadly. "Issues beyond torture were effected, because it enabled authoritarian governments to say, ‘You have no right to lecture us,'" he says. "They were delighted to tweak the United States on it."

The biggest offender? Russian Prime Minister Vladimir Putin, who Malinowski described as a "world champion" of chiding the United States via its own policies.

Nevertheless, Malinowski thinks that, despite the horrible details revealed by the Bush administration and International Committee of the Red Cross memos, ultimately their release is a very good thing for the Obama administration.

[Obama] can go to a country like Turkey or Indonesia or Egypt and say, "Look, I know what it's like to face real security threats, and we as Americans understand the temptation to give up some of our liberties and principles to defend ourselves against those threats. But what we've learned the hard way in the last eight years is that those liberties and principles actually make us stronger. You could learn from our example."

That's a much more effective way of arguing the point than going to those same countries and saying, look at our perfect system and our glorious morality, and maybe someday you can be as good as we are. So I think if he uses the experience as a cautionary tale, it will actually make our country a more effective and compelling champion of human rights around the world, ironically.

Here's to hoping so.

Photo: Entrance to Bagram Air Base by Spencer Platt/Getty Images

Posted By Annie Lowrey

One of the most interesting things about the four newly released Bush administration memos on the “enhanced interrogation” of detainees in overseas secret CIA prisons has been what isn’t in there, rather than what is. The truly grotesque caterpillar revelation aside, the memos weren’t very revelatory. We already knew about the SERE techniques. We knew that medical professionals attended them -- and that Jay Bybee, then an administration lawyer, now a federal judge, felt the presence of medical professionals meant it wasn’t torture.

But Tom Malinowski, of Human Rights Watch, pointed me to one truly new detail, in a footnote in the May 2005 memo from Steven Bradbury to John Rizzo, a CIA lawyer. Here’s footnote 28:

“This is not to say that the interrogation program has worked perfectly. According to the IG Report, the CIA, at least initially, could not always distinguish detainees who had information but were successfully resisting interrogation from those who did not actually have the information….On at least one occasion, this may have resulted in what might be deemed in retrospect to have been the unnecessary use of enhanced techniques. On that occasion, although the on-scene interrogation team judged Zubaydah to be compliant, elements within CIA headquarters still believed he was withholding information. [REDACTED PORTION.] At the direction of CIA Headquarters, interrogators therefore used the waterboard one more time on Zubaydah.”

Which marks the first time a memo has admitted that waterboarding was “unnecessary.”

It's been a tense day for constitutional lawyers, national security reporters, and foreign policy wonks. Why? This afternoon, the Obama administration intends to release memos relating to the controversial "enhanced interrogation" policies of CIA officers in overseas prisons.

There have been careful negotiations between the CIA, Justice Department, and White House over the contents of the release, and it seems the officers involved have been granted immunity from prosecution as a result. 

The full set of documents should be released here sometime within the hour. 

Update: The only redactions are the officers' names. 

Update: Read the memos here

Posted By Annie Lowrey

Scott Horton reports that Spanish prosecutors will indict high-ranking members of the Bush administration over allegations of detainee abuse and torture.

The six are: former Attorney General Alberto Gonzales; former head of the Office of Legal Counsel Jay Bybee; former OLC lawyer John Yoo; former Defense Department lawyer William J. Haynes II; David Addington, a former adviser to Vice President Dick Cheney; and former Undersecretary of Defense Doug Feith.

Horton explains the context of the case:

The case arises in the context of a pending proceeding before the court involving terrorism charges against five Spaniards formerly held at Guantánamo. A group of human-rights lawyers originally filed a criminal complaint asking the court to look at the possibility of charges against the six American lawyers. Baltasar Garzón Real, the investigating judge, accepted the complaint and referred it to Spanish prosecutors for a view as to whether they would accept the case and press it forward. [They found sufficient evidence.]

The case won't come before Judge Real, though; he also was involved in a terrorism case against the five Spaniards held in Guantanamo. 

What does it all mean?

Well, John Yoo won't be vacationing on the Costa del Sol this summer. Were any of the Bush Six to step foot in Spain, they would be arrested. 

More importantly: Spain has said that it would drop the cases if the United States would investigate the claim. Thus far, the U.S. Department of Justice and the White House haven't responded. But the indictment may force the administration's hand, spurring a response to the allegations.

For, ultimately, the issue may have more political potency than judicial importance. It's up to U.S. President Barack Obama to dictate whether and how the strong allegations of legal abuses in the Bush administration will be resolved. 

Posted By Rebecca Frankel

Preeti Aroon

"Scholars on the Sidelines," by Joseph S. Nye Jr. in the Washington Post. Referencing FP's "Inside the Ivory Tower," Nye argues that American academics are "paying less attention to questions about how their work relates to the policy world" and that more scholarship should have "real-world relevance."

Elizabeth Dickinson

David Gardner asks a provocative question in this weekend's Financial Times: Is the West's fear of political Islam condemning the Middle East to a generation of poor leadership? Political Islam is the new communism, he argues; the United States fears it so much that it prefers despots to even the most moderate Islamists. The Middle East, by implication, might be going through the same bout of poor leadership that afflicted Latin America and Africa as the Cold War contest played out in their regions.

Rebecca Frankel

"War By Any Other Name." Joe Queenan takes a look at the ripples of the Obama administration's "semi-official" move to revamp the vocabulary for "the war on terror" and the attempt to distance itself from the Bush administration's "fierce" rhetoric. Money quote: "From now on, the bad guys will be referred to as 'the ostensibly malefic.' We'll get back to you when we have a new term for 'the good guys.'"

(Bonus pick: Presidential Pets. Couldn't resist...)

Britt Peterson

Walter Benn Michaels's essay "Going Boom," in the February/March issue of Bookforum. According to Michaels, boom time for markets is bust time for literature, which turns back to unhappy but irrelevant periods of the past when there's not enough drama in the present day (the 1990s-2000s spike in popular fiction about the Holocaust), or focuses boringly inward (the memoir, anything Oprah's Book Club recommends). But, during an economic collapse, Western novelists will have enough material to deal relevantly with the present, and financial crisis fiction will blossom. (Hat tip: Paper Cuts)

Annie Lowrey

U.S. Office of Management and Budget Director Peter Orszag blogs that crime has fallen in New York City during the recession. Indeed, Orszag says economic bad-times tend to spur property crimes, but not violent crimes. "One reason may be that alcohol use tends to decline during recessions (another potentially surprising finding), and that the reduction in alcohol use reduces violent crime," he notes. (Hat tip: Tapped)

Andrew Polk

Nouriel Roubini puts a brake on all the sanguine predictions for China’s 2009 recovery prospects in a report titled "Outlook for China's Economy in 2009 and Beyond." In the analysis, Dr. Doom tells investors not to get ahead of themselves, as the Chinese economy has not seen a true rebalancing toward domestic consumption, but he also notes one major positive: The country's trade surplus might finally be shrinking.

Greg Shtraks

Today's big story on the high seas are the Somalian buccaneers, but the future of naval warfare may be developing in another part of the Indian Ocean. While India is taking measures to protect its vulnerable coast from terrorist attacks, China is preparing to make a major announcement at the 60th anniversary of the People's Liberation Army Navy (PLAN) on April 23rd. Writing in Time Magazine, Howard Chua-Eoan describes the brewing naval rivalry developing between Asia's two aspiring superpowers. 

Posted By Annie Lowrey

The Hill reports that in 2007 Cuba poisoned the pet animals of U.S. diplomats working in the country:

The 64-page report written in 2007 states that the life of U.S. diplomats serving in the U.S. Interest Section (USINT) - which issues visas and performs other diplomatic services in Havana - was laden with poor morale "in part because USINT life in Havana is life with a government that ‘let's [sic] you know it's hostile'"....

"Retaliations have ranged from the petty to the poisoning of family pets. The regime has recently gone to great lengths to harass some employees by holding up household goods and consumable shipments. The apparent goal has been to instigate dissension within USINT ranks."  

The report comes just as the Obama administration is attempting to strengthen relations and ease strictures on the Communist country. Which begs the question: who decided it release it now?

Posted By Annie Lowrey

In a wonderfully Onion-esque article, The Calgary Sun reports on former U.S. President George W. Bush's first public engagement since leaving office.  Bush is in Canada to address the Calgary Chamber of Commerce, but first stopped off in a local Italian joint.

The story nabs some on-the-ground impressions from intrepid locals: Bush was a "funny and a down-to-Earth kind of guy. We even got some pictures with him." Another notes, "I tried pointing him out to my mom but she didn't get to see him."

And the article duly reports on what's really important up in Canada: "Bush wasn't the only high-profile guest there last night...Calgary Flames forward Olli Jokinen happened to walk in minutes before."

Photo: Saul Loeb/AFP/Getty Images

Posted By Rebecca Frankel

Elizabeth Dickinson

After years of relegation to the back of policy makers' minds, today the underground economy is the last final refuge from the financial crisis. As the Wall Street Journal's Patrick Barta wrote this weekend, makeshift markets, temporary labor, and small homegrown businesses are absorbing countless laborers in the developing and developed worlds as their jobs in manufacturing, construction, and services disappear. The black market might be the only one not in the red this year. 

Rebecca Frankel

"US Torture: Voices from the Black Sites." In this story for New York Review of Books Mark Danner reveals the contents of the confidential document -- specifically the Red Cross's interviews of 14 "high value" detainees while they awaited trial in Guantánamo, all of whom were held in the C.I.A.'s detention program. The details are explicit. (You can also read the excerpted version that ran in Sunday's op-ed section of The New York Times.)

Joshua Keating

"Wall Street on the Tundra" in the April issue of Vanity Fair. Michael Lewis gives the Liar's Poker treatment to the economic collapse of Iceland, a place that one IMF official told him "is no longer a country. It is a hedge fund."  

Christina Larson

From the Buddhist Temple of Kaiyuan in Quanzhou, to The Warehouse in Shanghai, to the back roads of  Xinjiang, Joe Bennett is on any anything-but-brief quest to discover where his boxers originate. The vision behind his book, Where Underpants Come From, began when this intrepid travel writer flipped over the label on his trousers and wondered, "Made where in China?"

Brennan Linsley-Pool/Getty Image

 

In a press release, Attorney General Eric Holder and the Department of Justice announce the withdrawal of the "enemy combatant" definition of Gitmo detainees. The memo says that, under President Obama's orders, the department is reviewing detention policy:

In a filing today with the federal District Court for the District of Columbia, the Department of Justice submitted a new standard for the government’s authority to hold detainees at the Guantanamo Bay Detention Facility. The definition does not rely on the President’s authority as Commander-in-Chief independent of Congress’s specific authorization. It draws on the international laws of war to inform the statutory authority conferred by Congress. It provides that individuals who supported al Qaeda or the Taliban are detainable only if the support was substantial. And it does not employ the phrase "enemy combatant."

The Department also submitted a declaration by Attorney General Eric Holder stating that, under executive orders issued by President Obama, the government is undertaking an interagency review of detention policy for individuals captured in armed conflicts or counterterrorism operations as well as a review of the status of each detainee held at Guantanamo. The outcome of those reviews may lead to further refinements of the government’s position as it develops a comprehensive policy.

The memo states that the government will no longer detain combatants who provided "insignificant or insubstantial" support to al Qaeda or the Taliban. (The Bush administration came under fierce criticism for holding persons with little or no connection to the terrorist organizations.) More than 200 remain incarcerated at Camp Delta; it's unclear if any -- or how many -- will be released under the new legal standards. 

Photo: Paul J. Richards/AFP/Getty Images

Posted By Annie Lowrey

 

Don Kraus at the Global Solutions Blog and Mark Leon Goldberg at U.N. Dispatch report that Rep. Nita Lowey and Sen. Patrick Leahy managed to cut the Nethercutt Amendment out of the omnibus appropriations bill that Congress passed this week.

The Nethercutt Amendment -- named for former Rep. George Nethercutt and bundled in a 2004 appropriations bill -- cut economic support funds to nations that ratified the International Criminal Court without signing a Bilateral Immunity Agreement with the Bush administration.

Global Solutions says the law affected funding to more than 20 countries, including:

Latin American allies in the war on drugs, including Peru, Ecuador, Paraguay, Brazil, Venezuela, Costa Rica, and Uruguay.

The Balkan countries of Croatia and Serbia and Montenegro, which rely on U.S. military assistance to maintain stability and reform their armies.

Caribbean countries, whose hurricane disaster assistance is tied to the affected programs: Trinidad and Tobago, Barbados, and St. Vincent and the Grenadines.

African allies with which the U.S. partners to help maintain regional security, including South Africa, Kenya, Mali and Tanzania.

 

Photo: Paul Vreeker/AFP/Getty Images

Posted By Annie Lowrey

 

In a report made public today in The Guardian, a U.N. watchdog castigates Britain for its role in facilitating the United States' torture of detainees in secret prisons: 

The Special Rapporteur remains deeply troubled that the United States has created a comprehensive system of extraordinary renditions, prolonged and secret detention, and practices that violate the prohibition against torture and other forms of ill-treatment. This system required an international web of exchange of information and has created a corrupted body of information which was shared systematically with partners in the war on terror through intelligence cooperation, thereby corrupting the institutional culture of the legal and institutional systems of recipient States.

While this system was devised and put in place by the United States, it was only possible through collaboration from many other States. There exist consistent, credible reports suggesting that at least until May 2007 a number of States facilitated extraordinary renditions in various ways. States such as Bosnia and Herzegovina, Canada, Croatia, Georgia, Indonesia, Kenya, the former Yugoslav Republic of Macedonia, Pakistan and the United Kingdom of Great Britain and Northern Ireland have provided intelligence or have conducted the initial seizure of an individual before he was transferred to (mostly unacknowledged) detention centres in Afghanistan, Egypt, Ethiopia, Jordan, Pakistan, Morocco, Saudi Arabia, Yemen, Syria, Thailand, Uzbekistan, or to one of the CIA covert detention centres, often referred to as “black sites”. In many cases, the receiving States reportedly engaged in torture and other forms of ill-treatment of these detainees.

The special rapporteur, Martin Scheinen, states that British intelligence officers interviewed detainees in "so-called safe houses where they were being tortured" and that they "conducted or witnessed just over 2,000 interviews in Afghanistan, Guantanamo Bay and Iraq." He calls for whistle-blower protections and the revision of numerous policies to safe-guard human rights. The revelations aren't that revelatory, given past reports on the participation of European countries in rendition and "enhanced interrogation." But the tone's especially fire-and-brimstone in this iteration.

And, the report comes as concern over the Britain'ss collusion in the mistreatment of detainees comes to a fever pitch. Last month, Binyam Mohammed, a British national arrested in Pakistan, returned to the U.K. after seven years of detention. He told papers, "Mentally right now, the result of my experience is that I feel emotionally dead....When I realised that the British were co-operating with the people torturing me, I felt completely naked. They sold me out."

Additionally, members of parliament are calling for the government to release classified documents which detail its cooperation and participation with U.S. interrogators. And the country is considering accepting more prisoners from Guantanamo Bay, to hasten its closure.

All in all, it's an issue that's received an extraordinary amount of attention and garnered extraordinary public debate in Great Britain -- even more so than in the United States. And it isn't good news for poor Prime Minister Gordon Brown, just coming off the worst week ever.

Photo by Dan Kitwood/Getty Images

Posted By Joshua Keating

What happens when the leaders of industrialized nations meet for a high-profile summit, stop being polite, and start getting real? YouTube gold is what.

Japanese finance minister Shoichi Nakagawa made his bid for internet immortality with his slurred performance at the G7 finance ministers' meeting over the weekend. The Nakagawa tape now joins these other classic examples of summit tomfoolery that would give Christian Bale a run for his money (Yes, three of them involve George W. Bush.):

4. Putin pwns Bush on Iraqi democracy:

3. Bush informs Blair of the need to "get Hezbollah to stop doing this shit":

2. Seemingly buzzed Sarkozy talks to reports after a "dialogue with Mr. Putin":

1. The backrub:

 

Passport, FP’s flagship blog, brings you news and hidden angles on the biggest stories of the day, as well as insights and under-the-radar gems from around the world.

Read More