[lit-ideas] I think we found the "higher ups"....
- From: JimKandJulieB@xxxxxxx
- To: lit-ideas@xxxxxxxxxxxxx
- Date: Tue, 21 Dec 2004 17:16:22 EST
_American Civil Liberties Union : FBI E-Mail Refers to Presidential Order
Authorizing Inhumane Interrogation Techniques_
(http://www.aclu.org/SafeandFree/SafeandFree.cfm?ID=17216&c=206)
_http://www.aclu.org/SafeandFree/SafeandFree.cfm?ID=17216&c=206_
(http://www.aclu.org/SafeandFree/SafeandFree.cfm?ID=17216&c=206)
FBI E-Mail Refers to Presidential Order Authorizing Inhumane
Interrogation Techniques
December 20, 2004
FOR IMMEDIATE RELEASE
Contact: _media@xxxxxxxxx (mailto:media@xxxxxxxx)
Newly Obtained FBI Records Call Defense Departmentâ??s Methods "Torture,"
Express Concerns Over "Cover-Up" That May Leave FBI "Holding the Bag" for
Abuses
NEW YORK -- A document released for the first time today by the American
Civil Liberties Union suggests that President Bush issued an Executive Order
authorizing the use of inhumane interrogation methods against detainees in
Iraq.
Also released by the ACLU today are a slew of other records including a
December 2003 FBI e-mail that characterizes methods used by the Defense
Department as "torture" and a June 2004 "Urgent Report" to the Director of the
FBI
that raises concerns that abuse of detainees is being covered up.
"These documents raise grave questions about where the blame for widespread
detainee abuse ultimately rests," said ACLU Executive Director Anthony D.
Romero. "Top government officials can no longer hide from public scrutiny by
pointing the finger at a few low-ranking soldiers."
The documents were obtained after the ACLU and other public interest
organizations filed a lawsuit against the government for failing to respond to
a
Freedom of Information Act request.
The two-page e-mail that references an Executive Order states that the
President directly authorized interrogation techniques including sleep
deprivation, stress positions, the use of military dogs, and "sensory
deprivation
through the use of hoods, etc." The ACLU is urging the White House to confirm
or
deny the existence of such an order and immediately to release the order if it
exists. The FBI e-mail, which was sent in May 2004 from "On Scene
Commander--Baghdad" to a handful of senior FBI officials, notes that the FBI
has
prohibited its agents from employing the techniques that the President is said
to
have authorized.
Another e-mail, dated December 2003, describes an incident in which Defense
Department interrogators at Guantánamo Bay impersonated FBI agents while
using "torture techniques" against a detainee. The e-mail concludes "If this
detainee is ever released or his story made public in any way, DOD
interrogators
will not be held accountable because these torture techniques were done [sic]
the â??FBIâ?? interrogators. The FBI will [sic] left holding the bag before
the
public."
The document also says that no "intelligence of a threat neutralization
nature" was garnered by the "FBI" interrogation, and that the FBIâ??s Criminal
Investigation Task Force (CITF) believes that the Defense Departmentâ??s
actions
have destroyed any chance of prosecuting the detainee. The e-mailâ??s author
writes that he or she is documenting the incident "in order to protect the
FBI."
"The methods that the Defense Department has adopted are illegal, immoral,
and counterproductive," said ACLU staff attorney Jameel Jaffer. "It is
astounding that these methods appear to have been adopted as a matter of
policy by
the highest levels of government."
The June 2004 "Urgent Report" addressed to the FBI Director is heavily
redacted. The legible portions of the document appear to describe an account
given
to the FBIâ??s Sacramento Field Office by an FBI agent who had "observed
numerous physical abuse incidents of Iraqi civilian detainees," including
"strangulation, beatings, [and] placement of lit cigarettes into the detainees
ear
openings." The document states that "[redacted] was providing this account to
the FBI based on his knowledge that [redacted] were engaged in a cover-up of
these abuses."
The release of these documents follows a federal court order that directed
government agencies to comply with a year-old request under the Freedom of
Information Act filed by the ACLU, the Center for Constitutional Rights,
Physicians for Human Rights, Veterans for Common Sense and Veterans for Peace.
The
New York Civil Liberties Union is co-counsel in the case.
Other documents released by the ACLU today include:
* An FBI email regarding DOD personnel impersonating FBI officials
during interrogations. The e-mail refers to a "ruse" and notes that "all of
those [techniques] used in these scenarios" were approved by the Deputy
Secretary
of Defense. (Jan. 21, 2004)
* Another FBI agentâ??s account of interrogations at Guantánamo in
which
detainees were shackled hand and foot in a fetal position on the floor. The
agent states that the detainees were kept in that position for 18 to 24 hours
at a time and most had "urinated or defacated [sic]" on themselves. On one
occasion, the agent reports having seen a detainee left in an unventilated,
non-air conditioned room at a temperature "probably well over a hundred
degrees." The agent notes: "The detainee was almost unconscious on the floor,
with a
pile of hair next to him. He had apparently been literally pulling his own
hair out throughout the night." (Aug. 2, 2004)
* An e-mail stating that an Army lawyer "worked hard to cwrite [sic] a
legal justification for the type of interrogations they (the Army) want to
conduct" at Guantánamo Bay. (Dec. 9, 2002)
* An e-mail noting the initiation of an FBI investigation into the
alleged rape of a juvenile male detainee at Abu Ghraib prison in Iraq. (July
28,
2004)
* An FBI agentâ??s account of an interrogation at Guantánamo - an
interrogation apparently conducted by Defense Department personnel - in which
a
detainee was wrapped in an Israeli flag and bombarded with loud music and
strobe
lights. (July 30, 2004)
The ACLU and its allies are scheduled to go to court again this afternoon,
where they will seek an order compelling the CIA to turn over records related
to an internal investigation into detainee abuse. Although the ACLU has
received more than 9,000 documents from other agencies, the CIA refuses to
confirm
or deny even the existence of many of the records that the ACLU and other
plaintiffs have requested. The CIA is reported to have been involved in
abusing
detainees in Iraq and at secret CIA detention facilities around the globe.
The lawsuit is being handled by Lawrence Lustberg and Megan Lewis of the New
Jersey-based law firm Gibbons, Del Deo, Dolan, Griffinger & Vecchione, P.C.
Other attorneys in the case are Jaffer, Amrit Singh and Judy Rabinovitz of
the ACLU; Art Eisenberg and Beth Haroules of the NYCLU; and Barbara Olshansky
and Jeff Fogel of CCR.
The documents referenced above can be found at:
_http://www.aclu.org/torturefoia/released/fbi.html_
(http://www.aclu.org/torturefoia/released/fbi.html) .
More on the lawsuit can be found at: _http://www.aclu.org/torturefoia/_
(http://www.aclu.org/torturefoia/) .
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