Wednesday, April 22, 2009

Libertarian views: Obama and the CIA

Obama and the CIA. WSJ Editorial
WSJ, Apr 22, 2009

Excerpts:

President Obama on Monday paid his first formal visit to CIA headquarters, in order, as he put it, to "underscore the importance" of the agency and let its staff "know that you've got my full support." Assuming he means it, the President should immediately declassify all memos concerning what intelligence was gleaned, and what plots foiled, by the interrogations of high-level al Qaeda detainees in the wake of September 11.

This suggestion was first made by former Vice President Dick Cheney, who said he found it "a little bit disturbing" that the Obama Administration had decided to release four Justice Department memos detailing the CIA's interrogation practices while not giving the full picture of what the interrogations yielded in actionable intelligence. Yes, it really is disturbing, especially given the bogus media narrative that has now developed around those memos.

Thus, contrary to the claim that the memos detail "brutal" techniques used by the CIA in its interrogation of detainees (including 9/11 mastermind Khalid Sheikh Mohammed), what they mainly show is the lengths to which the Justice Department went not to cross the line into torture. "Torture is abhorrent both to American law and values and to international norms," wrote then Principal Deputy Assistant Attorney General Steven Bradbury on the very first page of his May 10, 2005 memo. Regarding waterboarding, an August 2002 memo from then Assistant Attorney General (now federal Judge) Jay Bybee stresses that the CIA had informed him that "the procedures will be stopped if deemed medically necessary to prevent severe mental or physical harm."

The memos also give the lie to a leaked 2007 report from the International Committee of the Red Cross (ICRC), based exclusively on the say-so of KSM and other "high-value" detainees, that "an improvised thick collar . . . was placed around their necks and used by their interrogators to slam them against the walls."

As the Bybee memo notes, the "wall" was a "flexible false wall . . . constructed to create a loud sound"; that "it is the individual's shoulder blades that hit the wall"; and that the purpose of the collar was "to help prevent whiplash." If this is torture, the word has lost all meaning.

Meanwhile, this is the third time an ICRC report about U.S. treatment of the detainees has been leaked, in violation of its own longstanding policies and of the agreement by which its representatives are allowed to visit prisoners. The Red Cross appears to have made little or no attempt to investigate whether KSM's claims were exaggerated. The episode shows again that the ICRC has become as much a political, as humanitarian, operation.

Also instructive is the context in which the interrogations took place -- less than a year after the 9/11 attacks. Writing about Abu Zubaydeh, whom the CIA believed "is one of the highest ranking members" of al Qaeda, Mr. Bybee wrote that "the interrogation team is certain that he has additional information that he refuses to divulge. Specifically, he is withholding information regarding terrorist networks in the United States or in Saudi Arabia and information regarding plans to conduct attacks within the United States or against our interests overseas. Zubaydeh has become accustomed to a certain level of treatment and displays no signs of willingness to disclose further information."

In other words, CIA interrogators wanted to use these techniques in 2002 to break a terrorist they believed had information that could potentially save American lives. Rest assured that if the CIA hadn't taken these steps and the U.S. had been hit again, the same people denouncing these memos now would have been demanding another 9/11 Commission to deplore their inaction.

The memos give considerable indication both of the sheer quantity, as well as some of the specifics, of the intelligence gathered through the interrogations. "You have informed us," wrote Mr. Bradbury in the May 30, 2005 memo, "that the interrogation of KSM -- once enhanced techniques were employed -- led to the discovery of a KSM plot, the 'Second Wave,' 'to use East Asian operatives to crash a hijacked airliner into' a building in Los Angeles. You have informed us that information obtained from KSM also led to the capture of . . . Hambali, and the discovery of the Guraba Cell . . . tasked with the execution of the 'Second Wave.'"

All in all, Mr. Bybee added, "the intelligence derived from CIA detainees has resulted in more than 6,000 intelligence reports and, in 2004, accounted for approximately half of CTC's [the CIA's Counterterrorist Center] reporting on al Qaeda."

In a saner world (or at least one that accurately reported on original documents), all of this would be a point of pride for the CIA. It would serve as evidence of the Bush Administration's scrupulousness regarding the life and health of the detainees, and demonstrate how wrong are the claims that harsh interrogations yielded no useful intelligence.

Instead, the release of the memos has unleashed the liberal mob, with renewed calls in Congress for a "truth commission" and even, perhaps, Judge Bybee's impeachment and prosecutions of the other authors. Mr. Obama has hinted that while his Administration won't prosecute CIA officials, it may try to sate the mob by going after Bush officials who wrote the memos.

One major concern here is what Mr. Obama's decision to release these memos says about his own political leadership. He claims that one of his goals as President is to restore more comity to our politics, especially concerning national security. He also knows he needs a CIA willing to take risks to keep the country safe. [...]. And while he is willing to release classified documents about interrogation techniques, Mr. Obama refuses to release documents that more fully discuss their results.

[...]. The risk-averse CIA that so grievously failed in the run-up to 9/11 was a product of a spy culture that still remembered the Church Committee of the 1970s and the Iran-Contra recriminations of the 1980s. Mr. Obama needs to stop this score-settling now, and he can start by promptly releasing the documents that reveal what the CIA learned from its interrogations.

1 comment:

  1. The CIA's Questioning Worked. By Marc A. Thiessen
    Washington Post, Tuesday, April 21, 2009
    http://www.washingtonpost.com/wp-dyn/content/article/2009/04/20/AR2009042002818.html

    In releasing highly classified documents on the CIA interrogation program last week, President Obama declared that the techniques used to question captured terrorists "did not make us safer." This is patently false. The proof is in the memos Obama made public -- in sections that have gone virtually unreported in the media.

    Consider the Justice Department memo of May 30, 2005. It notes that "the CIA believes 'the intelligence acquired from these interrogations has been a key reason why al Qaeda has failed to launch a spectacular attack in the West since 11 September 2001.' . . . In particular, the CIA believes that it would have been unable to obtain critical information from numerous detainees, including [Khalid Sheik Mohammed] and Abu Zubaydah, without these enhanced techniques." The memo continues: "Before the CIA used enhanced techniques . . . KSM resisted giving any answers to questions about future attacks, simply noting, 'Soon you will find out.' " Once the techniques were applied, "interrogations have led to specific, actionable intelligence, as well as a general increase in the amount of intelligence regarding al Qaeda and its affiliates."

    Specifically, interrogation with enhanced techniques "led to the discovery of a KSM plot, the 'Second Wave,' 'to use East Asian operatives to crash a hijacked airliner into' a building in Los Angeles." KSM later acknowledged before a military commission at Guantanamo Bay that the target was the Library Tower, the tallest building on the West Coast. The memo explains that "information obtained from KSM also led to the capture of Riduan bin Isomuddin, better known as Hambali, and the discovery of the Guraba Cell, a 17-member Jemmah Islamiyah cell tasked with executing the 'Second Wave.' " In other words, without enhanced interrogations, there could be a hole in the ground in Los Angeles to match the one in New York.

    The memo notes that "[i]nterrogations of [Abu] Zubaydah -- again, once enhanced techniques were employed -- furnished detailed information regarding al Qaeda's 'organizational structure, key operatives, and modus operandi' and identified KSM as the mastermind of the September 11 attacks." This information helped the intelligence community plan the operation that captured KSM. It went on: "Zubaydah and KSM also supplied important information about al-Zarqawi and his network" in Iraq, which helped our operations against al-Qaeda in that country.

    All this confirms information that I and others have described publicly. But just as the memo begins to describe previously undisclosed details of what enhanced interrogations achieved, the page is almost entirely blacked out. The Obama administration released pages of unredacted classified information on the techniques used to question captured terrorist leaders but pulled out its black marker when it came to the details of what those interrogations achieved.

    Yet there is more information confirming the program's effectiveness. The Office of Legal Counsel memo states "we discuss only a small fraction of the important intelligence CIA interrogators have obtained from KSM" and notes that "intelligence derived from CIA detainees has resulted in more than 6,000 intelligence reports and, in 2004, accounted for approximately half of the [Counterterrorism Center's] reporting on al Qaeda." The memos refer to other classified documents -- including an "Effectiveness Memo" and an "IG Report," which explain how "the use of enhanced techniques in the interrogations of KSM, Zubaydah and others . . . has yielded critical information." Why didn't Obama officials release this information as well? Because they know that if the public could see the details of the techniques side by side with evidence that the program saved American lives, the vast majority would support continuing it.

    Critics claim that enhanced techniques do not produce good intelligence because people will say anything to get the techniques to stop. But the memos note that, "as Abu Zubaydah himself explained with respect to enhanced techniques, 'brothers who are captured and interrogated are permitted by Allah to provide information when they believe they have reached the limit of their ability to withhold it in the face of psychological and physical hardship." In other words, the terrorists are called by their faith to resist as far as they can -- and once they have done so, they are free to tell everything they know. This is because of their belief that "Islam will ultimately dominate the world and that this victory is inevitable." The job of the interrogator is to safely help the terrorist do his duty to Allah, so he then feels liberated to speak freely.

    This is the secret to the program's success. And the Obama administration's decision to share this secret with the terrorists threatens our national security. Al-Qaeda will use this information and other details in the memos to train its operatives to resist questioning and withhold information on planned attacks. CIA Director Leon Panetta said during his confirmation hearings that even the Obama administration might use some of the enhanced techniques in a "ticking time bomb" scenario. What will the administration do now that it has shared the limits of our interrogation techniques with the enemy? President Obama's decision to release these documents is one of the most dangerous and irresponsible acts ever by an American president during a time of war -- and Americans may die as a result.

    The writer, a visiting fellow at the Hoover Institution, served in senior positions in the Pentagon and the White House from 2001 to 2009, most recently as chief speechwriter for President George W. Bush.

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