...

"Some differences cannot be split. Either we are locked in an endless, self-defeating war on terror or we are not."

[from salon...]

In the shadow of Cheney

Obama could spring America from the dank culture of fear spread by Cheney and Bush. So what's holding him back?

By Gary Kamiya

May. 28, 2009 |

Last week, Dick Cheney and Barack Obama carried on a bizarre, disembodied and deeply dissatisfying debate about national security. In a major speech on May 21, Obama denounced torture, defended his plan to close Guantánamo and blasted the Bush administration's approach to fighting terrorism, saying it "failed to rely on our legal traditions and time-tested institutions [and] failed to use our values as a compass." One minute later, Cheney -- who had been blasting Obama's national security for weeks -- took to the airwaves to warn that Obama's rejection of torture and his plan to shut down the military prison at Guantánamo were "unwise in the extreme." Accusing Obama of "recklessness wrapped in righteousness," the former vice-president said Obama had made the country less safe.

For the large majority of Obama's supporters who utterly reject the Bush administration's approach to fighting terrorism, the president's speech was disillusioning. Despite his soaring rhetoric about "upholding our most cherished values," Obama proposed eviscerating those values by continuing the Bush policies of military tribunals and indefinite detention. Coming on the heels of the Senate's humiliating 90-6 vote to keep Guantánamo open and forbid transferring any of its inmates to U.S. prisons, Obama's speech was a dispiriting confirmation that the country's leadership is still locked into the same fearful "war on terror" mind-set.

The sad thing is that Obama could have chosen a different path. Yet he clung to establishment positions that his supporters have long rejected. His decisive victory in November proved that America is ready to turn the page on the entire Bush era, from its economic policies to its "war on terror." For an exhausted and disillusioned country, Obama represents hope, and embracing hope means sloughing off fear. Like Cheney, who spent much of his time hiding in an underground bunker, Americans spent the Bush years cowering in a metaphorical cave, terrified that the terrorists were coming to get them. Bush's hyper-aggressive foreign policy, his trashing of civil and legal rights and U.N. conventions, were simply the other face of a craven and debilitating fear.

The terrorist attacks on 9/11 were a dreadful trauma. But that trauma took place almost eight years ago, and a natural and salutary forgetfulness has occurred. One of the virtues of this still-green republic has always been its capacity to quickly recover from setbacks, to refuse to dwell on the past, to constantly remake itself. Of all the American virtues, elasticity is perhaps the most important. In a process as natural as the blossoming of flowers in the spring, Americans are ready to reclaim their courage. And they expect and want their young president to lead them forward.

Obama has tried to lead America out of the shadows of the Bush years. He has projected a calm optimism, a reasoned determination, that is a breath of fresh air after the puerile, bullying bravado of George W. Bush and the dark, croaking counsel of his evil courtier Cheney. And he has said inspiring things about the importance of defending our laws, rights and traditions, even in the face of terrorist threats. But because Obama has failed to directly reject the irrational boogeymen his predecessors whipped up, and because he has continued many of their policies, he has not been able to spring us from their dank culture of fear.

The Guantánamo debacle, in which Senate Democrats voted overwhelmingly to reject funds to close it, is just one painful result of Obama's unwillingness to challenge the culture of fear. The Senate was spooked by polls showing that Americans, their paranoia aroused by talk radio demagogues and Fox News hacks, were afraid that terrorists would end up in their backyards. Obama was rightfully criticized for failing to come up with a coherent plan for what to do with the Guantánamo detainees.

But that was not Obama's real problem. His real problem was his failure to forthrightly say that while terrorism remains a threat, its danger has been greatly overblown. Obama needed to tell Americans the truth, which is that no open society can ever be absolutely free from terrorist attacks, and that a society that allows its irrational fear of such attacks to cause it to jettison its laws, freedoms and most cherished traditions has already lost to the terrorists. He needed to say that while we will never forget 9/11, always honor the memory of its victims, and never let our guard down, we cannot allow one attack, no matter how horrific and spectacular, to determine the nature and future of our country. He needed to draw a line in the sand, and tell Americans that while he will do everything in his power to protect them, only fools dream of eternal, perfect safety. In short, he needed to seize the terrorism shibboleth root and branch and pull it out of the ground.

This would not have been easy. Politicians do not generally choose to ask their constituents to accept risks of any kind. Denying death may be mentally unhealthy, but it is de rigueur in politics. And even though the Republican Party is going through a meltdown so grotesque that it makes Kafka's "The Metamorphosis" look like an inspiring tale of personal growth, Democrats continue to be terrified that the right will paint them as "soft on national security."

Above all, there is the very nature of terrorism, which is, well, terrifying. Because it is random, indiscriminate, driven by hatred, and seemingly pointless, terrorism taps into primordial human fears in a way that no other form of violence does. It is a monster that inhabits our collective id. Since 9/11, the word "terrorism" has been a totem, a quasi-religious myth, a nightmarish archetype that occupies the same place in our national imagination that "hell" did for the people of the Middle Ages. "Terrorism" blurs the boundaries of political and personal fear: It represents at once a thoroughly human evil to be hated and fought against, and the impersonal, fatalistic face of death itself. Terrorism is fate with a hideous face, like the White Whale that Ahab hates and tries to kill in Melville's "Moby-Dick." (Indeed, the Bush administration's unwinnable, endless, self-defeating "war on terror" is more than a little reminiscent of Ahab's obsessive quest -- which ends, it is well to remember, with the destruction of his ship and all of its crew save the narrator Ishmael.)

Because terrorism in our national imagination is simultaneously villain and nemesis, human and inhuman, the "war" against terrorism slips into becoming a war not just against fanatical jihadis but against our own death, against the very idea of death. As we accept this, repression of reality and the infantile fantasy of perfect safety -- in other words, cowardice -- become the driving forces of our lives.

This craven position dishonors a country whose troops fought at Valley Forge and Shiloh and Belleau Wood and Guadalcanal and Hue and Fallujah. It is not worthy of the mighty nation whose diverse people came together 60 years ago to help defeat the most dangerous tyrant in the history of humankind. But it is not an easy one for a politician to oppose. Indeed, the cadaverous Cheney, who has now fully embraced his role as the horrifying shadow of our national soul, is essentially accusing Obama of leading America toward death.

Once the argument is framed in these terms, Obama cannot win. By tacitly accepting Cheney's terms -- by shamefully proposing that we detain suspected terrorists indefinitely without real trials, or by refusing to release photographs of Americans torturing people in their control -- Obama has enabled and encouraged our diffuse national cowardice. The American people will continue to cling to irrational positions, like refusing to put convicted terrorists in supermax penitentiaries from which no one has ever escaped, until Obama puts the threat of terrorism in its correct perspective, removes it from the realm of metaphysics and nightmares and returns it to earth, as the ugly but manageable tactic that it is. The only way for Obama to break out of Cheney's trap is to reject the suppositions it is based on.

Cheney's death-obsessed vision found its ultimate expression in his notorious "1 percent doctrine." As revealed in Ron Suskind's eponymous book, the doctrine held that the U.S. should treat an even 1 percent chance of a terrorist attack as if it were a certainty. This doctrine was directly responsible for America's calamitous behavior in the last eight years. It led to policies and actions -- torture, targeted assassinations, indiscriminate aerial bombing, detention without trial, denial of habeas rights -- that only enrage previously neutral people, increase the number of potential terrorists and threaten our national security.

Which is exactly what al-Qaida and their ilk want. A few fanatical jihadis hiding in caves cannot fatally damage the United States: Only the United States can fatally damage the United States. Under the fearful reign of Bush and Cheney, America went a long way toward becoming a country its own citizens would not recognize. As his May 21 speech showed, Obama clearly realizes that many of the policies pursued by his predecessors are irrational, inhumane, unjust and self-defeating. But he has not repudiated their fundamental error, their misapprehension of the actual threat posed by Islamist terrorists.

Which is why Obama's left hand has consistently undone what his right hand has done. He is by nature a difference-splitter, a position that has its virtues. But some differences cannot be split. Either we are locked in an endless, self-defeating war on terror or we are not. Either our laws, traditions and freedoms are more important than an infantile dream of perfect, eternal safety, or they are not. Either we are clear-sighted enough to realize that different kinds of enemies require different responses and that treating a handful of jihadis as if they were the second coming of Nazi Germany is foolish, or we are not. Either we live in the land of the free or we do not.

In 1933, when the nation was in the depths of the Great Depression, Franklin Delano Roosevelt delivered his first inaugural address. That towering president said, "This great nation will endure as it has endured, will revive and will prosper. So, first of all, let me assert my firm belief that the only thing we have to fear is fear itself -- nameless, unreasoning, unjustified terror which paralyzes needed efforts to convert retreat into advance."

FDR's words gave heart to Americans facing a crisis and a threat far worse than any posed by terrorists today. The country has a new president, and it wants a new direction. It is waiting for him to sound his trumpet.

~lee.

greenwald does it again...

[from salon...]

THURSDAY MAY 21, 2009 09:22 EDT

Hailing the leader as a War President and the powers that go with it

(updated below)

In a February, 2004 interview with Tim Russert, George Bush provoked much derision by proudly declaring himself to be what he called a "war president." This week, Newsweek's Editor Jon Meacham interviewed Barack Obama, adopted Bush's label and applied it to Obama, asking him:

Can anything get you ready to be a war president?

Nothing excites our media stars more than saluting and fetishizing the President as a "War President" and "Commander-in-Chief" (David Broder today, in his column entitled "Obama in Command": Obama is "continuing, with minor modifications, the policies and practices of his Republican predecessor . . . . Obama's liberal critics are right. He is a different man now. He has learned what it means to be commander in chief"). But isn't the phrase "war president" a complete redundancy when it comes to the U.S.? Which American presidents were not "war presidents"?

Bill Clinton presided over his war in the Balkans and various bombing campaigns in Iraq ("Operation Desert Fox"), Afghanistan and the Sudan; Bush 41 had his war -- the glorious Desert Storm -- against Iraq, which followed his intrepid invasion of Panama; Reagan conducted his various secret wars in Central America and got his direct war glory by invading Grenada and by bombing Libya (heroically taking out the infant of that country's leader); Kennedy, Johnson, and Nixon were all "war presidents" in Southeast Asia; Truman and Eisenhower both presided over the Korean War and the Cold War. I suppose Jimmy Carter may be one of the very few Presidents to whom the label may not apply, since our military involvement during his four post-Vietnam years was of the indirect kind, though even Carter presided over the attempted military rescue of American hostages in Iran and the peak of the Cold War. And I've omitted far more American military actions from this list than I included.

In any event, the U.S. is, more or less, a nation permanently at war. One can debate whether all or some of our wars are good or not, but what can't be debated is that we fight wars far, far more than any other country -- basically, continuously. That's just a fact. After Bush 41's invasion of Panama, R.W. Apple wrote on the front page of The New York Times that the invasion "constituted a Presidential initiation rite" whereby:

For better or for worse, most American leaders since World War II have felt a need to demonstrate their willingness to shed blood to protect or advance what they construe as the national interest.

In other words, there's no such thing as an American President who is not a "war President." We never go more than a few years without some kind of a direct war, and are always waging covert and indirect ones. American presidents are inherently "war presidents." We don't really have any other kind. To vest a specific power in a President on the ground that he's a "War President" is to vest that power in presidents generally and permanently.

That's why this media construct that things are different for "war presidents" -- we have to give "war presidents" greater power and leeway; demand less transparency and accept more secrecy; acquiesce to abridgments of civil liberties when "America is at war"; and, coming soon under the Change banner, allow them the right to imprison people indefinitely with no trials even beyond "war zones" -- is so manipulative and misleading. It implies that "America at war" is some sort of unusual and temporary circumstance rather than what it is: our permanent state of affairs. In perfect Orwellian fashion, our allies can easily become our enemies (Saddam Hussein, Manuel Noriega, Mujahideen precursors to Al Qaeda) and our enemies can just as easily become our allies (Iraqi Sunnis, Gadaffi), but what never changes is our status as a war-fighting nation.

* * * * *

The decree that a President is a special kind of leader -- a "War President" -- is so pernicious because that becomes the rationale for justifying whatever he wants to do. During the Bush years, one of the most widely held beliefs among progressives and Bush critics -- and, prior to that, among Americans generally -- was the principle that people should be treated and punished by the government as "guilty" only once they have actually been proven to be so in a fair judicial proceeding, not assumed to be guilty based on unproven accusations by political leaders. Yet our entire debate over presidential powers and Guantanamo is now -- still -- premised on the opposite assumption: that the people who Obama wants to keep imprisoned in Guantanamo and elsewhere are Evil and Dangerous Terrorists -- the Worst of the Worst. There's no need for that to be proven in a court for it to be assumed. He's asserted it to be so, and therefore it is, and because we're a country "at war," that's all that is needed.

Since early 2002, the American government has repeated over and over and over that the only people at Guantanamo are Terrorists, the Worst of the Worst, both superhuman and sub-human animals. One U.S. military official famously said that Guantanamo detainees are "people who would chew through a hydraulic cable to bring a C-17 down." This was all assumed to be true without any need for it to be proven -- the War President, the Commander-in-Chief, decreed it to be so, and thus it was so.

Yet over the years, we've released hundreds of them -- the Worst of the Worst -- because it turned out they were guilty of absolutely nothing. After the Supreme Court, in June of 2008, ruled unconstitutional the U.S. Congress' denial of habeas corpus rights to Guantanamo detainees, federal courts that finally reviewed their cases began ruling that there is no credible to support the accusations against many of them. Yet still, most political and media elites -- in both political parties and across the political spectrum -- continue simply to assume that they are Terrorists. Think about what it says about someone who, even in the face of all the evidence of these continuous, false accusations, wants to vest the President with the power to keep people in cages indefinitely without having to prove their guilt, or is willing to simply assume that people we lock up are, by definition, Terrorists.

It doesn't matter how often the Government's accusations about detainees in Guantanamo and elsewhere are proven to be lies. It's just mindlessly accepted that whoever the President calls a "Terrorist" is one, and that anyone we are imprisoning with no trial must be deeply guilty of being both Evil and Dangerous. Here's how Brian Williams began his NBC News broadcast last night:

The American people have been told for years that Guantanamo Bay, Cuba--Gitmo--is where they house the worst of the worst of those rounded up on the battlefields of this nation's dual wars. Most Americans don't walk around every day, every moment thinking of what conditions are like inside there, but President Obama has decided it must be shut down and those inside must be moved.

In fact, many of them were detained nowhere near "battlefields" -- but rather in their homes or off the street -- but since we're a Nation at War, the Battlefield is everywhere.

Chris Matthews yesterday said that "we [are] gonna have to face the fact that these guys are terrorists, they're going to have to be somewhere, it might as well be Gitmo," and then suggested that we just execute them to get rid of the problem (he wanted to know "why are we being so dainty about it" -- meaning worrying about whether we first prove their guilt before killing them). That was after Saxby Chambliss told Matthews: "We know that the ones left at Guantanamo are the meanest, nastiest killers in the world. They get up everyday thinking about ways to harm Americans." No need for a trial -- we should just take their word for it.

This is what being a "nation at war" and viewing the President as a "War President" --- first and foremost the "Commander-in-Chief" -- does to a country. Fear predominates everything. No government power needs to be limited. Blind faith is placed in presidential judgments, the assessments of the War President go unquestioned. Being in the military means following orders, so when all citizens start viewing the President in military terms -- he's "our" Commander-in-Chief -- that mentality of obedience is the natural by-product.

Most of the people at Guantanamo have now been kept in cages for seven years by the U.S. without any charges or trials of any kind -- based solely on the President's say-so -- and very few people seem particularly bothered by that. It's not really hard to understand why political establishments prefer this state of affairs to be permanent, and why Presidents are so eager to claim the mantle of "War President." What political leaders wouldn't be eager to receive the blind faith and virtually unlimited powers that the title entails?

* * * * *

Obama is speaking today at 10:10 a.m. EST on these matters. If there's something worthwhile to say, I"ll create a separate post as he's speaking.

UPDATE: James Madison, Political Observations, 1795:

Of all the enemies of true liberty, war is, perhaps, the most to be dreaded,because it comprises and develops the germ of every other. War is the parent of armies; from these proceed debts and taxes; and armies, and debts, and taxes are the known instruments for bringing the many under the domination of the few.... No nation can preserve its freedom in the midst of continual warfare.

At least based on what they said, they considered "war Presidents" and "Commander-in-Chief" to be a lamentable, temporary and rare necessity, not an exciting and permanent state of affairs.

~lee.

interesting little thing...

normally my take is that rush limbaugh, hannity, etc. are the price we pay for living in a free society. nothing you can do about it. but this i found interesting.

[from salon...]

Radio rage

The assassination jokes and "liberal" conspiracy theories on talk radio could be an ominous sign of things to come.

By Camille Paglia

May 13, 2009 | In John Frankenheimer's taut 1964 film, "Seven Days in May," the Joint Chiefs of Staff, appalled at a disarmament treaty with the Soviet Union, plot a coup d'état to remove the president whom they regard as too soft and naive about the evil of America's enemies. The screenplay by Rod Serling (based on a 1962 novel by Fletcher Knebel and Charles W. Bailey II) is filled with passionate lines that seem right out of today's talk radio -- "intellectual dilettantes" versus patriotism; America's loss of "greatness"; the superiority of military experience to civilian judgment and governance.

Troubled by the increasing rancor of political debate in the U.S., I watched a rented copy of "Seven Days in May" last week. Its paranoid mood, partly created by Jerry Goldsmith's eerie, minimalist score, captured exactly what I have been sensing lately. There is something dangerous afoot -- an alienation that can easily morph into extremism. With the national Republican party in disarray, an argument is solidifying among grass-roots conservatives: Liberals, who are now in power in Washington, hate America and want to dismantle its foundational institutions and liberties, including capitalism and private property. Liberals are rootless internationalists who cravenly appease those who want to kill us. The primary principle of conservatives, on the other hand, is love of country, for which they are willing to sacrifice and die. America's identity was forged by Christian faith and our Founding Fathers, to whose prudent and unerring 18th-century worldview we must return.

In a harried, fragmented, media-addled time, there is an invigorating simplicity to this political fundamentalism. It is comforting to hold fast to hallowed values, to defend tradition against the slackness of relativism and hedonism. But when the tone darkens toward a rhetoric of purgation and annihilation, there is reason for alarm. Two days after watching "Seven Days in May," I was utterly horrified to hear Dallas-based talk show host Mark Davis, subbing for Rush Limbaugh, laughingly and approvingly read a passage from a Dallas magazine article by CBS sportscaster David Feherty claiming that "any U.S. soldier," given a gun with two bullets and stuck in an elevator with Nancy Pelosi, Harry Reid and Osama bin Laden, would use both bullets on Pelosi and strangle the other two.

[Listen to Davis below]

How have we come to this pass in America where the assassination of top government officials is fodder for snide jokes on national radio? Davis (who is obviously a glib horse's ass) did this stunt very emphatically at a news break at the top of the first hour. It was from there that the Dallas magazine story was evidently picked up by liberal Web sites and disseminated, pressuring CBS to denounce Feherty, who made a public apology. The gravity of this case was unfortunately overshadowed by feisty comedian Wanda Sykes' clumsy jibes at Rush Limbaugh the next night at the Washington Correspondents Dinner. Sykes (who is usually hilarious) was rushed and inept, embarrassing herself and her hosts. But what Mark Davis did, in irresponsibly broadcasting Feherty's vile fantasy, was an inflammatory political act that could goad susceptible minds down the dark road toward "Seven Days in May."

Talk radio has been seething with such intensity since Barack Obama's first week in office that I am finding it very hard to listen to it. How many times do we have to be told the sky is falling? The major talk show hosts, in my opinion, made a strategic error in failing to reset at lower volume after Obama's election. When the default mode is feverish crisis pitch, there's nowhere to go, and monotony sets in. Lately, I've been doing a lot of tuning in and impatiently tuning out. As a longtime fan of talk radio, I don't think this bodes well for the long-term broad appeal of the medium. I want stimulation and expansion of my thinking -- not shrill, numbing hectoring and partisan undermining of the authority and dignity of the presidency. Rabidly Bush-bashing Democrats shouldn't have done it to the last president either, but that's no excuse for conservatives, who claim to revere our institutions, to play schoolyard tit for tat.

Not that Obama's policies and conduct shouldn't receive sharp scrutiny. Despite my disgust at the grotesquely bloated stimulus package which did severe early damage to this administration, I am generally happy with Obama's eagerness to tackle long-entrenched social problems, although there is sometimes a curious disconnect between what he says and what he does. The degree to which Obama is or is not a stealth socialist remains to be seen. But it's about time an ambitious young leader shook up the stale status quo. The sepulchral, doom-obsessed and megalomaniacal Dick Cheney's self-intrusion into the news last weekend was a nice demonstration of just what a fresh new breeze Obama represents in Washington.

~lee.

re: torture...

[from daily kos...]

What We Know So Far: A Torture Timeline (Updated)

by DanK Is Back

Thu Apr 23, 2009 at 09:38:04 PM PDT

(From the diaries. An incredible and valuable resource. Susan)

Share this on Twitter - What We Know So Far: A Torture Timeline (Updated)So much information about the Bush administration's torture policies and rationales has surfaced in recent days that, contrary to the secrecy meme of those days, we are now in danger of suffering from TMI - too much information.

So I thought it would be helpful to put together a timeline of known facts, reports and claims to try to give some chronological perspective to it all. As with any such collection, the selections are somewhat subjective, but I have tried to be fair (but not balanced; this isn't a sporting event) in including what is known, admitted or reasonably validated. And - for once - I will leave speculation to the comments.

It turns out there is so much information already known that just summarizing it is torture. The timeline thus focuses mainly on the torture memos themselves and the events occurring at the time they were written, tested and replaced.

[Updated] Updated to include some of the Bush administration denials, and the Red Cross report.
[Update] Include John Bolton's letter opting out of the ICC; spelling corrections.

Aug-early Sep 2001 Concerned that the administration is not giving terrorism high priority, NSC counter-terrorism adviser Richard Clarke increasingly pressures NSA Condoleeza Rice to set up a meeting with President Bush. In testimony to the 9/11 Commission, Rice will dispute Clarke's version of events. (Wall St Journal Summary of Rice, Clarke testiomny [PDF])

11 Sep 2001 Terrorists using three highjacked airplanes attack and destroy the World Trade Center, and damage the Pentagon. A fourth plane was also highjacked and was heading toward Washington, DC, possibly with the Capitol as its target, but was brought down by passengers would fought the highjackers and succeeding in crashing the plane in western Pennsylvania. After first denying involvement, Osama bin Laden will release a broadcast on 29 Oct 2004 in which he admits he and Al-Qaeda plotted the attacks.

12 Sep 2001 At a White House meeting, SecDef Donald Rumsfeld urges the bombing of Iraq in response to the WTC attack. Clarke tells him "they were certain al-Qa'ida was to blame and there was no hint of Iraqi involvement."

15 Sep 2001 At a meeting in the White House Situation Room, Bush takes Clarke aside and demands to know if there is a connection between the terror attacks and Saddam Hussein:

"The president dragged me into a room with a couple of other people, shut the door, and said, 'I want you to find whether Iraq did this.' Now he never said, 'Make it up.' But the entire conversation left me in absolutely no doubt that George Bush wanted me to come back with a report that said Iraq did this.

"I said, 'Mr. President. We've done this before. We have been looking at this. We looked at it with an open mind. There's no connection.'

"He came back at me and said, "Iraq! Saddam! Find out if there's a connection.' And in a very intimidating way. I mean that we should come back with that answer. We wrote a report."

Clarke continued, "It was a serious look. We got together all the FBI experts, all the CIA experts. We wrote the report. We sent the report out to CIA and found FBI and said, 'Will you sign this report?' They all cleared the report. And we sent it up to the president and it got bounced by the National Security Advisor or Deputy. It got bounced and sent back saying, 'Wrong answer. ... Do it again.' "CBS News 60 Minutes 21 Mar 2004

16 Sep 2001 In an interview on Meet the Press, Vice President Dick Cheney hints strongly that the administration will consider using torture:

We also have to work, though, sort of the dark side, if you will. We’ve got to spend time in the shadows in the intelligence world. A lot of what needs to be done here will have to be done quietly, without any discussion, using sources and methods that are available to our intelligence agencies, if we’re going to be successful. That’s the world these folks operate in, and so it’s going to be vital for us to use any means at our disposal, basically, to achieve our objective.

11 Oct 2001 Former CIA Director James Woolsey is sent to England "in search of evidence that Saddam Hussein played a role in the Sept. 11 terrorist attacks...."

December 2001 "American Taliban" John Walker Lindh is captured in Afghanistan. Lindh, an American citizen, was pictured blindfolded, duct-taped naked to a board.... in what is probably the first recorded instance of torture of a detainee under the Bush administration. (Hat tip to Jesselyn Radack.)

January 2002James Mitchell, a retired Air Force psychologist, and Bruce Jessen, the senior SERE psychologist at the agency, drafted a paper on "al-Qaeda resistance capabilities and countermeasures to defeat that resistance." WaPo 22 Apr 2009, analyzing the Senate ASC report

9 Jan 2002 John Yoo writes a memo (PDF) stating that the Geneva Conventions do not apply to captured Taliban and Al-Qaeda members.

25 Jan 2002 White House Counsel Alberto Gonzalez accepts Yoo's argument, saying that the new war on terror "renders obsolete Geneva's strict limitations on questioning of enemy prisoners and renders quaint some of its provisions." SoS Colin Powell and the JAG object to this interpretation, but their objections are ignored.

2 Feb 2002 William Howard Taft IV, the State Dept's legal adviser, sends Gonzales a memo (PDF) saying that the Geneva Convention does apply to captured Taliban and Al-Qaeda, and that rejecting the convention's protections could have serious policy consequences.

7 Feb 2002 Bush signs a memorandum stating the Article 3 protections of the Geneva Conventions do not apply to Al-Qaeda and Taliban detainees.

13 Feb 2002 Bush has decided to overthrow Hussein.

28 March 2002 Abu Zubaydah, a senior Al-Qaeda official, is arrested in Pakistan and brought to the United States for interrogation. Ali Soufan, a supervisory special FBI agent, and a second agent, with CIA agents watching, use traditional interrogation methods to question him from March through June 2002, and learn that Khalid Sheikh Mohammed (KSM) was the mastermind of the 11 September attacks.

Spring 2002 Senior officials begin studying how to use SERE techniques in prisoner interrogations. SENATE ARMED SERVICES COMMITTEE INQUIRY INTO THE TREATMENT OF DETAINEES IN U.S. CUSTODY 12 Dec 2008 In April, the CIA begins videotaping interrogation sessions, some of which apparently include waterboarding. It is not yet clear whether Zubaydeh was among those waterboarded at that time. The tapes have all been reported destroyed.

6 May 2002 John Bolton, at that time Under Secretary of State for Arms Control and International Security, formally informs the UN that the US "does not intend to become a party to the treaty [establishing the International Criminal Court]."

May 2002 Condoleeza Rice and "other top Bush administration officials" are briefed about "alternative interrogation methods, including waterboarding." In July, Rice tells CIA Director George Tenet he can proceed to use these techniques.

23 Jul 2002 Sir Richard Dearlove, head of Britain's Secret Intelligence Service (MI6), reports to Prime Minister Tony Blair on his recent meeting with his counterparts in Washington:

Military action was now seen as inevitable. Bush wanted to remove Saddam, through military action, justified by the conjunction of terrorism and WMD. But the intelligence and facts were being fixed around the policy. The Downing Street Memo (Emphasis added)

1 Aug 2002 Assistant Attorney General Jay Baybee, head of the Office of Legal Counsel, issues a memorandum to the CIA telling them that "enhanced interrogation techniques" such as waterboarding do not, in the OLC's opinion, constitute torture.

August 2002 Abu Zubaydeh is subjected to waterboarding at least 83 times. A former CIA officer, John Kiriakou, who interrogated Zubaydeh (but who did not witness any of the waterboarding says that "it took only 35 seconds once the technique was employed for Zubaydah to start talking." Kiriakou says that it was torture, but it was necessary. He does not appear to be aware of the multiple waterboardings.

(Note: Kiriakou's claim that that Zubaydeh had refused to cooperate prior to the (first) waterboarding is contradicted by FBI agent Ali Soufan's report that Zubaydeh had been cooperating for months; see above. It's also not clear (yet) whether Zubaydeh was waterboarded or otherwise tortured during the period when Soufan was interrogating him for the FBI.)

August 2002 FBI officials are so concerned about the CIA's interrogation of Zubaydeh that they have a meeting with FBI Director Robert Mueller to discuss it. Mueller decides that the FBI will no longer participate in the interrogation, which he later extends as a "bright line rule" applying to all CIA interrogations of detainees.

11 Oct 2002 The commander at GTMO requests permission to use "aggressive interrogation techniques."

2 Dec 2002 Rumsfeld signs a memo authorizing 15 specific "aggressive techniques." The Senate report notes that interrogations using these techniques (including sleep deprivation) actually started on 23 Nov 2002, a week before Rumsfeld gave his approval of them.

29 Dec 2002 The US military issued a statement denying stories that its prisoners in Afghanistan were being tortured, or that the CIA had a secret base there.

2002-03 generally Administration officials, particularly Cheney and Rumsfeld, pressure the CIA to come up with a link between Saddam and Al-Qaeda.

"Cheney's and Rumsfeld's people were told repeatedly, by CIA . . . and by others, that there wasn't any reliable intelligence that pointed to operational ties between bin Laden and Saddam, and that no such ties were likely because the two were fundamentally enemies, not allies."

Senior administration officials, however, "blew that off and kept insisting that we'd overlooked something, that the interrogators weren't pushing hard enough, that there had to be something more we could do to get that information," he said. McClatchy 21 Apr 2009

3 Mar 2003 US officials report that Khalid Sheikh Mohammed (KSM) has been arrested in Pakistan and transferred to US custody for questioning. KSM is subjected to waterboarding, [winning] the admiration of interrogators when he was able to last between two and two-and-a-half minutes before begging to confess. It is later revealed that KSM was waterboarded "183 times during March 2003...."

20 Mar 2003 The invasion of Iraq begins. On 1 May, Bush announced that "major combat operations in Iraq have ended." He adds: "And this much is certain: No terrorist network will gain weapons of mass destruction from the Iraqi regime, because the regime is no more."

No weapons of mass destruction are ever found in Iraq.

14 May 2003 John Yoo wrties a second memo which basically says the president can do anything he wants in time of war:

[F]ederal criminal laws of general applicability do not apply to properly~authorized interrogations of enemy combatants, undertaken by military personnel in the course of an armed conflict. Such criminal statutes, if they were misconstrued to apply to the interrogation of enemy combatants, would conflict with the Constitution's. grant of the Commander in Chief power solely to the President. Yoo memo PDF

14 Dec 2003 Saddam Hussein is captured. Although news stories at the time report that he was found in a hole in the ground after "torture lite" of captured bodyguards, later reports tell a different story, including that Saddam was captured by Kurds, who drugged him and turned him over to US authorities.

April 2004 The Abu Ghraib scandal breaks.

13 May 2004 The BBC posts one of the early stories suggesting the CIA is using "brutal" interrogation techniques, including waterboarding.

June 2004 Assistant Attorney General Jack Goldsmith orders both Yoo memos withdrawn. He directs Daniel Levin in the OLC to write a new memo. That same month, Goldsmith is forced by pressure from the White House and from Cheney counsel David Addington to resign.

23 Jun 2004 In response to the revelation of the 2002 Yoo/Bybee memo, DoJ disavows the memo. Bush denies ordering prisoners at GTMO tortured. "Let me make very clear the position of my government and our country: We do not condone torture. I have never ordered torture. I will never order torture."

28 Jun 2004 The Supreme Court rules in Hamdi v Rumsfeld that detainees at GTMO were entitled to legal due process, rejecting the administration's claim of expansive executive powers in wartime.

7 Jul 2004 Alberto Mora, general counsel for the US Navy, writes a memo (PDF) summarizing the history to date of abuse of detainees at GTMO and his office's attempts to stop it. The memo dismisses the legal arguments in Yoo's memos. Mora's memo is buried and he is forced to retire. (See this New Yorker article of 27 Feb 2006 for more on the Mora saga.)

30 Dec 2004 The OLC publishes Daniel Levin's memo, stating that:

Torture is abhorrent both to American law and values and to international norms. This universal repudiation of torture is reflected in our criminal law....

There is no exception under the statute permitting torture to be used
for a "good reason." Thus, a defendant's motive (to protect national security, for example) is not relevant to the question whether he has acted with the requisite specific intent under the statute. Memorandum by Daniel Levin (PDF)

Levin's memo replaces the Yoo memos. There is a report that Gonzalez, who was about to take over as Attorney General, blocked Levin from finishing a second memo which would have examined specific techniques, including waterboarding, to determine if they fell within the definition of torture.

10 May 2005 Steven Bradbury of the OLC issues a new memo (PDF)m, which, apparently, finish the job Levin was not allowed to do, and from what I can see replaces Levin's December 2004. In it, he finds that

although extended sleep deprivation and use of the waterboard present more substantial questions in certain respect under the statute and the use of the waterboard raises the most substantial issue-none of these specific techniques, considered individually, would violate the prohibition [against torture]."

Bradbury issues two other memos in May (PDF and PDF) further providing legal cover. But it seems clear from the timeline that in the period of June 2004, when the Yoo memos were rescinded, and certainly from December 2004 with the Levin memo, until May 2005, the issuance of the Bradbury memos, there was no legal cover from OLC allowing torture. When the existence (though not the actual content) of the Bradbury memos became known in October 2007, Dana Perino, Bush's spokesperson, denied that any torture was taking place or that the Levin memo had been rescinded.

June 2005 Philip Zelikow, legal adviser to now-SoS Rice, writes a memo in which he takes issue with each of the justifications offered by the Bradbury memos. The Bush White House attempted to collect and destroy all copies of the memo.

18 Nov 2005 ABC News learns about, and reports on, some of the specific CIA interrogation techniques being used, including waterboarding and also rendition to third-party countries. The CIA declines to comment.

26 Jan 2006 Bush insists Americans are not allowed to torture. "No American will be allowed to torture another human being anywhere in the world...."

23 May 2006 US rejects charges by Amnesty International that it is torturing prisoners at GTMO.

26 Sep 2006 The Senate passes the Military Commissions Act of 2006, which approves torture for detainees, in effect reversing Hamdan. Then-Senator Barack Obama delivered a speech on the Senate floor in which he accused his colleagues of cutting corners and betraying American values.

September 2006 The International Committee of the Red Cross visits Guantanamo and conducts unsupervised interviews with 14 "high-value" detainees.

25 Oct 2006 In a radio interview, VP Dick Cheney "endorses" waterboarding of teror suspects, calling it a "no-brainer."

28 Oct 2006 Bush denies that Cheney meant waterboarding or any similar technique, saying "This country doesn’t torture, we’re not going to torture."

14 Feb 2007 The Red Cross delivers to the Bush administration its report detailing torture of prisoners at GTMO. In keeping with standard Red Cross practice, it keeps the report (PDF) confidential until it is leaked by an unknown source in March 2009, though information in the report does make its way into Jane Mayer's book The Dark Side (New York Times 11 Jul 2008).

6 Oct 2007 Bush defends CIA tactics, saying its methods are necessary and legal and do not constitute torture.

22 Jan 2009 On his second full day in office, President Barack Obama issues an executive order requiring that treatment and interrogation of all detainees be in accord Common Article 3 of the Geneva Conventions - in other words, no more torture.

2 Mar 2009 President Obama orders the release of several previously classified memos, including the Yoo and Bybee memos, but not the 2005 Bradbury memos.

17 Apr 2009 As ordered by President Obama, DoJ releases copies of the Bradbury memos.

~lee.

i have found the best thing that the internet has ever produced...

~lee.