Amicus Briefs Ask Supreme Court to Hear Abu Ghraib Contractors Torture Case

The following is a press release from Center for Constitutional Rights (CCR). It concerns a petition to the Supreme Court by CCR stemming from last September's DC Court of Appeals decision ruling in favor of defendants CACI and L-3, whose employees were alleged to have been involved in torture at Abu Ghraib. The 2-1 decision said that that private contractors are entitled to immunity from lawsuit due to so-called “battlefield preemption.”

Will the Supreme Court recognize the fundamental need for redress for torture victims, the importance of protections for prisoners pronounced by international human rights and humanitarian law? I'm not too sanguine myself, but the Court has surprised before. I salute groups like CCR, Human Rights First, Human Rights Watch, Physicians for Human Rights and the Center for Victims of Torture, who are fighting to maintain civilized norms in these dark ages of American empire. This country needs fundamental change. We cannot rely on human rights and civil liberties organizations like ACLU alone to stem the tide of militarism that threatens to swallow up the last vestiges of democracy in the United States, as it rides rough-shod over other countries abroad. Sooner or later, this need for greater political organization will take form in either new political parties or new social entities that better express the will of the people for peace, fairness and democracy, and an end to barbaric practices like torture and military conquest.

In the meantime, please support CCR's lawsuit and press for the case to be taken up by the Supreme Court.

Retired Senior Military Officers, Rights Groups File Amicus Briefs Asking Supreme Court to Hear Abu Ghraib Torture Case Against Contractors CACI and L-3

May 28, 2010, Washington, D.C. – Today, three amicus curiae or friend-of-the-court briefs were filed in the Supreme Court, in support of CCR’s petition for certiorari in its case against CACI and L-3 Services (formerly Titan), two corporations whose employees are alleged to have participated in the infamous torture of Iraqi detainees at Abu Ghraib. One brief, submitted by retired high-ranking military officers, argues that private military contractors are not the equivalent of U.S. soldiers and cannot be considered “combatants” because they are not fully incorporated into the armed forces or subject to a military chain of command. The Counsel of Record for the retired military brief is John J. Gibbons, former Chief Judge of the Third Circuit, who served in the U.S. Navy in WWII, and signatories to the brief include: David M. Brahms, retired Brigadier General; James P. Cullen, retired Brigadier General and former Chief Judge of the U.S. Army Court of Criminal Appeals; Rear Admiral Donald J. Guter, former Navy’s Judge Advocate General; and Rear Admiral John D. Hutson, also a former Navy’s Judge Advocate General. In a 2-1 decision rendered in September 2009, the Court of Appeals for the District of Columbia dismissed the claims against CACI and L-3, finding that the private contractors were entitled to immunity from suit through “battlefield preemption.”

Another brief was filed by Professors of Federal Courts, International Law, and U.S. Foreign Relations Law, stating that there is no basis for immunity or a pre-emption defense for the federal claims, including war crimes, under the Alien Tort Statute. The third brief, filed on behalf of human rights organizations including Human Rights First, Human Rights Watch, Physicians for Human Rights and the Center for Victims of Torture, as well as international law scholars, highlights the need for redress for torture victims and the protections that should be afforded to detainees under international human rights and humanitarian law.

Notably, the retired military officials brief reads: “Membership in the U.S. Armed Forces carries with it significant privileges but also heavy obligations, foremost among them being respect for the law of war and for the military chain of command. These cornerstones of the modern American Armed Forces reflect a culture and tradition that demands rigorous training, discipline and accountability. But private military contractors, by contrast, are no more than corporate entities, whose activities are governed only by contractual relationships with the military and who are primarily accountable to private shareholders. Because they are not subjected to the same standards of accountability as are members of the military, private contractors do not merit the immunity afforded to sovereign governmental entities, now provided to them by the decision of the court of appeals.”

“The amicus briefs filed today demonstrate why the Supreme Court must review the decision taken by the court of appeals against the individuals tortured at Abu Ghraib,” said Center for Constitutional Rights (CCR) attorney Katherine Gallagher. “The lower court’s result not only places the United States on the wrong side of international human rights law, but it runs counter to the views of experienced military leaders on how best to ensure that our obligations regarding humane treatment of detainees are met, and what the nature of the relationship is between U.S. military personnel and private military contractors hired to assist them.”

Last month, CCR and co-counsel argued in their petition for certiorari that the Supreme Court should hear the case because the Court of Appeals decision of September 11, 2009, gave corporate government contractors more protections than even U.S. soldiers enjoy, and constituted judicial overreaching. In that decision, a majority of the panel effectively immunized contractors for torture and other serious mistreatment of Iraqi detainees because of the integration it found of contractors into the military’s operational mission and chain of command. The legal team argued that the military’s own investigations had found CACI and L-3 employees participated in the torture, humiliation and dehumanization of the Iraqi civilians detained at Abu Ghraib. The legal team further argued that corporations could be held liable for war crimes, including torture, under international law.

Saleh v. Titan, first filed in 2004, is a federal lawsuit brought by more than 250 former Iraqi prisoners against private contractors CACI and L-3 Services that alleges the companies’ employees participated in torture and serious abuses while they were hired to provide interrogation and interpretation services, respectively, at Abu Ghraib and other detention facilities in Iraq.

The suit charges defendants with torture and other war crimes, as well as common law torts including sexual assault and battery, and negligent hiring and supervision. The acts to which the plaintiffs alleged they were subjected at the hands of the defendants and certain government co-conspirators include: rape and threats of rape and other forms of sexual assault; being forced to watch a family member tortured and abused so badly that he died; repeated beatings, including beatings with chains, boots and other objects; forced nudity; hooding; being detained in isolation; being urinated on and otherwise humiliated.

The victims are represented by the Center for Constitutional Rights, and law firms Burke PLLC, Motley Rice LLC, Akeel & Valentine, P.C , The Law Firm of L. Palmer Foret, P.C. and Edmond Jones Lindsay, LLP.

Download copies of the amici curiae briefs or visit the Saleh et al v. Titan et al case page for more information.

Support CCR Call to Ban Private Contractors from Interrogations

The Center for Constitutional Rights has called for the public to take action regarding the Interrogations and Military Commissions provisions in the 2010 Defense Bill.

The U.S. Senate is in the process of debating the National Defense Authorization Act (NDAA) for 2010. The NDAA currently includes a provision that bans the use of private military contractors from conducting interrogations of detainees. Also, an amendment to the bill could require the video recording of all interrogations. The White House is opposed to the provision that bans the use of private contractors from conducting interrogations and is also opposed to any amendment requiring video recording. There is a possibility that these elements could be stripped from the bill.

Also, while the elements pertaining to interrogations are positive developments, the NDAA could undermine our efforts to end the use of military commissions. CCR has long maintained that the use of military commissions is absolutely unacceptable in a democracy. The NDAA currently includes provisions that would change the laws regarding the use of military commissions, changes that the Obama administration appears to welcome, stating the changes will “make the commissions an effective and fair system of justice.” Congress should not refine a broken and unjust system – they should repeal the Military Commissions Act of 2006.

Write your Senators today and send a clear message that private contractors should be banned from conducting interrogations, that all interrogations should be recorded, and that military commissions have no place in our justice system. [A sample letter and a form to fill out to send a letter right away is available at this link.]

Regarding the contractor issue, CCR reports:

In April 2004, 60 Minutes II and the New Yorker exposed a system of torture and humiliation of Iraqi prisoners detained by the U.S. at Abu Ghraib prison in Iraq. The revelationof pictures and video documenting horrific abuses led to the court-martial of a small number of low-level U.S. soldiers. Relatively unexamined, however, is the role played by contractors from two U.S.-based companies: Titan Corporation/L-3 and CACI International, Inc. Although Titan/L-3 and CACI employees were directly involved in the torture of Iraqi detainees at Abu Ghraib and other prisons, no employee of either company has been convicted of any crime.

See Facts on Corporations & Torture in Prisons in Iraq (PDF):

After the U.S. military invaded Iraq in March 2003, dozens of private military companies — including CACI and Titan/L-3 — were hired to support U.S. military and government operations there. Companies with U.S. government contracts provide a vast array of services in Iraq, ranging from personal security for Iraqi and American officials to protection of oil facilities to armed escorts for “reconstruction” businesses. The contracts between the U.S.-led occupation authority and for profit military groups are worth hundreds of millions of dollars.

Titan/L-3 and CACI are two corporations with headquarters in the U.S. which contracted with the U.S. military to provide services in Iraq. Titan/L-3 was hired to provide translation services for U.S. personnel at Iraqi prisons. CACI was contracted to provide interrogation services, supplying nearly half of the interrogators at Abu Ghraib. Employees from both corporations were part of the conspiracy to torture Iraqi detainees at Abu Ghraib and other prisons....

In the spring and early summer of 2008, CCR, with Susan Burke and other attorneys from Burke O’Neil and Shereef Akeel of Akeel & Valentine, filed five new cases against CACI and Titan/L-3 and individual torturers. These cases were filed on behalf of new plaintiffs. (The motion in Saleh for class certification was denied in December 2007). These cases have since been condensed into two lawsuits: Al Shimari v. CACI International and Al-Quraishi v. Nakhla and L-3 Services, Inc....

Sign up for CCR action alerts to receive updates and calls to action about contractors in Iraq and other corporate human rights cases on our website www.ccrjustice.org

For specific information on these cases, visit:

• http://www.ccrjustice.org/ourcases/current-cases/saleh-v.-titan

• http://www.ccrjustice.org/ourcases/current-cases/al-quraishi-et-al-v.-nakhla-et-al

• http://ccrjustice.org/alshimari

I heartily endorse CCR's actions, and hope readers will go to CCR's website and learn more about these important cases, little covered by the media.

Sunday Torture Weekly "Round-up"

Also posted at Daily Kos

The Sunday Weekly Torture "Round-up" is intended to be a new regular feature at Daily Kos, capturing stories on the ongoing torture scandal, especially those that might otherwise escape notice. At the same time, we will strive to present an overview of important new developments in the drive to hold the U.S. government responsible for its war crimes, in addition to covering stories concerning torture from other countries, as time and space permit. (Alas, the U.S. has no monopoly on this hideous practice.)

The editors for the WTR are myself, Patriot Daily News Clearinghouse, and Meteor Blades and we will rotate each week. Interesting or important news or tips concerning torture or civil liberties issues bearing upon it can be emailed to any of these individuals.

There were many new developments this week: the CIA announced it would withhold a list describing 1000s of documents related to the destruction of videotapes depicting torture; an ex-Bush administration official told of administration indifference to evidence of innocence for the great bulk of "enemy combatants"; a major lawsuit against Pentagon contractors accused of torture was allowed to proceed; a "released" Guantanamo hunger striker was refused more humane prison conditions, and more.

Cheney, Wilkerson, Obama and the Fake Scandal over Gitmo Prisoner Releases

Dick Cheney has been running around the country trying to spread his particular style of panic and fear in the wake of reports that released Guantanamo prisoners will swell the ranks of terrorists who will then strike at America. Andy Worthington refutes these lies in "The Stories of Six Prisoners Who Were Released from Guantanamo" and this story at Huffington Post.

As has been covered extensively elsewhere (and at Daily Kos), Lawrence Wilkerson, Colin Powell's former Chief of Staff, has revealed that most of the Guantanamo prisoners are innocents, and moreover, shockingly, that the Bush Administration knew this from the get-go, belying Cheney's fabrications about the "worst of the worst." Here's Wilkerson from The Washington Note article earlier this week:

The second dimension that is largely unreported is that several in the U.S. leadership became aware of this lack of proper vetting very early on and, thus, of the reality that many of the detainees were innocent of any substantial wrongdoing, had little intelligence value, and should be immediately released.

But to have admitted this reality would have been a black mark on their leadership from virtually day one of the so-called Global War on Terror and these leaders already had black marks enough: the dead in a field in Pennsylvania, in the ashes of the Pentagon, and in the ruins of the World Trade Towers. They were not about to admit to their further errors at Guantanamo Bay. Better to claim that everyone there was a hardcore terrorist, was of enduring intelligence value, and would return to jihad if released. I am very sorry to say that I believe there were uniformed military who aided and abetted these falsehoods, even at the highest levels of our armed forces.

And yet days after this revelation, we get this kind of crap from the current administration, as reported by Associated Press, via the Miami Herald:

Obama says in a broadcast interview [on 60 Minutes tonight] that some of the people released from the prison camps in southeast in Cuba have rejoined terrorist groups. He also says U.S. officials have not always been effective in determining which prisoners will be a danger once they are let go.

If you think I'm too harsh on Obama, read the Sunday editorial in today's New York Times (H/T Stephen Soldz):

we did not expect that Mr. Obama, who addressed these issues with such clarity during his campaign, would be sending such confused and mixed signals from the White House. Some of what the public has heard from the Obama administration on issues like state secrets and detainees sounds a bit too close for comfort to the Bush team’s benighted ideas.

Meanwhile, today's UK Guardian is reporting that despite Obama's comments above, his administration will change previous U.S. policy and allow some former Guantanamo prisoners to be resettled in the United States:

The White House is set to reverse a key Bush administration policy by allowing some of the 240 remaining Guantánamo Bay inmates to be resettled on American soil.

The US is pushing for Europe to take a share of released inmates, but the Obama administration is reconciled to taking some of them, even though there will be noisy resistance from individual states....

The cases of the 240 inmates are being reviewed by a team of experienced US prosecutors to determine whether there is a basis for criminal charges. It remains unresolved what to do if there is a substantial "third category" of detainees who are deemed to pose a security threat, but against whom there is insufficient evidence to file criminal charges either because evidence was obtained under torture or because it is in the form of classified intelligence.

In a 90-minute interview on CBS tonight, Obama struck back at the former vice-president Dick Cheney over his charge that the new Guantánamo policy was putting US security at risk. The president said his predecessor's policy of indefinite detention was unsustainable and had generated anti-US sentiment without making the country safer.

Despite the change in policy, there was this ominous portent for the future:

The Obama administration is still contemplating the option of military courts martial, reconstituting the Bush-era military commissions or even instituting some new form of preventive detention.

The dance being done by current and former administration officials over the abominable crimes conducted at Guantanamo and elsewhere are dizzying in their vertiginous lurchings from mea culpas to lies to attempts at "reform."

Saudi Gitmo Prisoner, Cleared for Release, But Refused Transfer from Maximum Security Detention, Remains on Hunger Strike

Andy Worthington brings the case of Guantanamo hunger striker Ahmed Zuhair to our attention in a posting last Friday. (If this link isn't working, try this one.) Zuhair, a father of ten children, was arrested in Pakistan, and ultimately was sent to Guantanamo, accused of associations with Al Qaeda. He has been accused of being involved with the bombing of the USS Cole, and of the murder of an American in Bosnia in 1994 or 1995, among other supposed crimes or dubious connections (see Wikipedia link).

Yet the U.S. government decided in an Administrative Review Board hearing last December 23 that he was cleared for release from Guantanamo. Worthington notes that "he was not informed until February 10, and his lawyers were not told until February 16," noting:

This rather makes a mockery of the Guantánamo authorities’ complaints about the “threat” he poses, and the allegations, still cited in news reports, that “US authorities allege that he trained with the Taliban and al-Qaeda in Afghanistan and was a member of an Islamic fighting group in Bosnia in the mid-1990s,” but above all it confirms — as if any confirmation were required — that, in the isolated world of Guantánamo, what counts against the majority of the prisoners is not the supposed rationale for their detention in the first place, which is often nothing more than a distant memory, but their behavior in detention.

Zuhair has been identified as having "history of disciplinary infractions", no doubt associated with his hunger strike, which began in June 2005. On March 18 of this year, the government refused a deal with Zuhair whereby he would end his years-long hunger strike if he were moved from the high-security Camp 6, where prisoners endure "the isolation of a prison block modeled on a maximum security prison for convicted criminals on the US mainland," to the lesser regimen of Camp 4. The government says it's afraid of the precedent such a move might make. This is in spite of the fact that Zuhair has been cleared for release!

So his hunger strike continues, and the record of the Obama administration releasing any of the many innocent men held at Guantanamo in the two months Obama has been in charge remains at a pitiful... one! (That one release was Binyam Mohamed.) According to his attorney, on his last visit to Mr. Zuhair:

... he weighed no more than 100 pounds, and “also appeared to be ill, vomiting repeatedly during meetings” at the prison. “Mr. Zuhair lifted his orange shirt and showed me his chest,” Kassem explained. “It was skeletal.“ He added, “Mr. Zuhair’s legs looked like bones with skin wrapped tight around them.”

Andy Worthington concludes, "While this reflects badly on the prison authorities, I believe it also reflects badly on the Obama administration."

CACI International Loses Bid to Spike Torture Lawsuit

According to a CNN report:

U.S. District Court Judge Gerald Bruce Lee rejected claims by defense contractor CACI that the company was immune from accountability over claims of physical abuse, war crimes and civil conspiracy.

Reports of torture and humiliation by soldiers and civilian contractors against Iraqi detainees created a political, diplomatic and public relations nightmare for the Bush administration in the months and years after the 2003 Iraq invasion.

Four Iraqi detainees have sued in U.S. federal courts, alleging contract interrogators assigned to the Baghdad Central Prison — known as Abu Ghraib — subjected them to beatings and mental abuse, then destroyed documents and video evidence and later misled officials about what was happening inside the facility.

Center for Constitutional Rights has been following the case and providing part of the legal representation to plaintiffs. From their information page on the case:

The suit, brought under the Alien Tort Statute (ATS) and federal question jurisdiction, brings claims arising from violations of U.S. and international law including torture; cruel, inhuman, or degrading treatment; war crimes; assault and battery; sexual assault and battery; intentional infliction of emotional distress; negligent hiring and supervision; and negligent infliction of emotional distress. There are also civil conspiracy and aiding and abetting counts attached to most of these charges. Through this action, Plaintiffs seek compensatory and punitive damages.

In the case of one prisoner:

Taha Yaseen Arraq Rashid was detained from 2003 until 2005, during which he was imprisoned at Abu Ghraib “hard site” for about three months. While detained there, CACI and its co-conspirators tortured Mr. Rashid by placing him in stress positions for extended periods of time, humiliating him, depriving him of oxygen, food, and water, shooting him in the head with a taser gun, and by beating him so severely that he suffered from broken limbs and vision loss. Mr. Rashid was forcibly subjected to sexual acts by a female as he was cuffed and shackled to cell bars. He was also forced to witness the rape of a female prisoner.

Among the heinous acts to which the four Plaintiffs were subjected at the hands of the defendant and certain government co-conspirators were: electric shocks; repeated brutal beatings; sleep deprivation; sensory deprivation; forced nudity; stress positions; sexual assault; mock executions; humiliation; hooding; isolated detention; and prolonged hanging from the limbs.

All of the plaintiffs are innocent Iraqis who were ultimately released without ever being charged with a crime. They all continue to suffer from physical and mental injuries caused by the torture and other abuse.

In a related story, TheDay.com is reporting:

Thousands of Iraqis held without charge by the United States on suspicion of links to insurgents or militants are being freed by this summer because of little or no evidence against them.

CIA Withholds List of over 3,000 Torture Tapes Documents from Public Release

Last Friday, the ACLU revealed that it "has a list of roughly 3,000 summaries, transcripts, reconstructions and memoranda relating to 92 interrogation videotapes that were destroyed by the agency." Only two days earlier, the ACLU had formally asked Attorney General Eric Holder to appoint a special prosecutor "to investigate the authorization to use torture at CIA secret prisons," following Mark Danner's article at the New York Review of Books detailing a leaked ICRC report on torture of CIA prisoners.

(The accompanying picture above is an actual sketch by a U.S. MP Reserve Sargeant of how Dilawar was tortured at Bagram prison.)

According to a report on the CIA documents list by Jason Leopold:

The number of documents – but not their contents – was mentioned Friday in a Justice Department letter from Lev Dassin, acting U.S. Attorney for the Southern District of New York, to U.S. District Court Judge Alvin Hellerstein in response to a Freedom of Information Act lawsuit by the American Civil Liberties Union.

Dassin told Judge Hellerstein that unredacted versions of the materials would be available for only him to review "in-camera" on March 26. The CIA also refused to provide the ACLU with a list of individuals who watched the videotapes prior to their destruction because that information "is either classified or otherwise protected by statute."

The number of relevant documents – "roughly 3,000," according to the letter – adds weight to the belief that CIA interrogators were in frequent communication with headquarters at Langley, Virginia, and with senior Bush administration officials who were monitoring the harsh techniques used and approving them one by one or even in combination.

And there was this interesting speculation by Emptywheel at Firedoglake:

Take a look at this list of FOIA exemptions, and you'll see why that may be rather interesting. For example, trade secrets might protect the identities of contractors who had viewed or retained the torture tapes. There's the physical safety exemption that they earlier cited in regards to their destruction of the tapes--but if they invoked this exemption, it might reveal that they're worried about the identities of non-CIA employees being released. There are law enforcement exemptions they might invoke if DOJ had reviewed these torture tapes in 2004 in response to a criminal referral by CIA's Inspector General.

Or the truly interesting possibility--that CIA might claim some identities are exempt from FOIA because they are presidential records more generally exempt from FOIA, which would come into play if someone at the White House had watched the torture tapes.

Rise in Torture Allegations Against Mexican Army

Yesterday's Los Angeles Times carried a report on a sharp increase in allegations of human rights abuses by the Mexican Army, as the Mexican government steps up its campaign against drug traffickers throughout the country.

The allegations include illegal searches, arrests without cause, rape, sexual abuse and torture, eight Mexican and international rights groups said in a report prepared for presentation to the Inter-American Commission on Human Rights in Washington.

In 28 cases, the report said, the alleged violations resulted in death.

The groups said the number of complaints to Mexico's National Human Rights Commission jumped to 1,230 last year, from 182 in 2006. Calderon launched his anti-crime offensive in December 2006, and assigned the army a leading role....

More than 7,000 people have been killed in drug-related violence in the last 15 months, according to government and media estimates.

Darius Rejali on Long History of CIA Torture Abuse

The winner of the 2007 Human Rights Best Book Award of the American Political Science Association for his massive study, Torture and Democracy, Darius Rejali, has a new article at AlterNet detailing some of the history behind recent revelations of U.S. torture.

All the techniques in the accounts of torture by the International Committee of the Red Cross, as reported Monday, collected from 14 detainees held in CIA custody, fit a long historical pattern of Anglo-Saxon modern. The ICRC report apparently includes details of CIA practices unknown until now, details that point to practices with names, histories, and political influences. In torture, hell is always in the details.

Dejali covers grisly, sadistic techniques now documented in use by the CIA within recent years, including the "ice-water cure," "the cold cell," "water-boarding," "standing cells," "High-cuffing," and more. Here's Dejali on "Sweatboxes and coubarils":

Abu Zubaydah says, "Two black wooden boxes were brought into the room outside my cell. One was tall, slightly higher than me and narrow.... The other was shorter, perhaps only [3 feet 6 inches] in height." The large box, which Abu Zubaydah says he was held in for up to two hours, is a classic sweatbox. Sweatboxes are old, and they came into modern torture from traditional Asian penal practices. If you've seen Bridge on the River Kwai, you know the Japanese used them in POW camps in World War II. They are still common in East Asia. The Chinese used them during the Korean War, and Chinese prisoners today relate accounts of squeeze cells (xiaohao, literally "small number"), dark cells (heiwu), and extremely hot or cold cells. In Vietnam, they are dubbed variously "dark cells," "tiger cages," or "connex boxes," which are metal and heat up rapidly in the tropical sun.

Abu Zubaydah was also placed into the smaller box, in which he was forced to crouch for hours, until "the stress on my legs held in this position meant my wounds both in the leg and stomach became very painful." This smaller type of box was once called a coubaril. Coubarils often bent the body in an uncomfortable position. They were standard in French penal colonies in New Guinea in the 19th century, where some prisoners were held in them for 16 days at a stretch.

Both kinds of boxes entered American prison and military practice in the 19th century. They were a standard part of naval discipline, and the word sweatbox comes from the Civil War era. In the 1970s, prisoners described sweatboxes in South Vietnam, Iran (tabout, or "coffin"), Israel, and Turkey ("tortoise cell"). In the last three decades, prisoners have reported the use of sweatboxes in Brazil (cofrinho), Honduras (cajones), and Paraguay (guardia). And after 2002, Iraqi prisoners held in U.S. detention centers describe "cells so small that they could neither stand nor lie down," as well as a box known as "the coffin" at the U.S. detention center at Qaim near Syria.

Other News

Al-Marri is Held Without Bail Pending Trial

UN Launches Probe of Secret Detention Sites

New pressure in Uighurs’ cases

Islamabad High Court Calls for Repatriation of Dr. Aafia Siddiqui and Investigation into Her Missing Children

BREAKING -- Newsweek reports that release is imminent of three of the secret Bush administration OLC memos:

Over objections from the U.S. intelligence community, the White House is moving to declassify—and publicly release—three internal memos that will lay out, for the first time, details of the “enhanced” interrogation techniques approved by the Bush administration for use against “high value” Qaeda detainees. The memos, written by Justice Department lawyers in May 2005, provide the legal rationale for waterboarding, head slapping and other rough tactics used by the CIA. One senior Obama official, who like others interviewed for this story requested anonymity because of the issue’s sensitivity, said the memos were “ugly” and could embarrass the CIA. Other officials predicted they would fuel demands for a “truth commission” on torture.

Note this, from the same article:

"I now know we were not fully and completely briefed on the CIA program," Senate Intelligence Committee chairwoman Dianne Feinstein told NEWSWEEK. A U.S. official disputed the charge, claiming that members of Congress received more than 30 briefings over the life of the CIA program and that Congressional intel panels had seen the Red Cross report.

Other Resources

Torture Documents released under Freedom of Information Act

Law professor David Luban's classic essay, "Liberalism, Torture and the Ticking Bomb"

I close this first installment with a quote from the preeminent American poet, Walt Whitman:

Nothing is sinful to us outside of ourselves,
Whatever appears, whatever does not appear,
     we are beautiful or
sinful in ourselves only.

(O Mother--O Sisters dear!
If we are lost, no victor else has destroy'd us,
It is by ourselves we go down to eternal night.)

This week's WTR was put together with the assistance of Patriot Daily News Clearninghouse. Thanks, PDNC!