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therawstory
Turley: Spanish courts may be building case against Cheney
David Edwards and Stephen C. Webster

According to constitutional law expert Jonathan Turley, the prosecution of Bush’s so-called “torture lawyers” might just give Spanish prosecutors the “low lying fruit” needed to bring a case against Vice President Cheney.

Appearing on Monday night’s edition of MSNBC’s Countdown with Keith Olbermann, George Washington University law professor Turley said that although President Obama is “protecting” the former administration from prosecution, the Spanish investigation could serve as a point of leverage.

By targeting attorneys who wrote legal justifications for torture, said Turley, prosecutors are going “for the first line of defendants.”

“And then if you have a case, you go for the higher ones,” he added.

Referencing Seymor Hersh’s allegation that an “executive assassination ring” reported directly to the former Vice President — and the apparent confirmation of the allegation’s veracity by a former Cheney aide — Olbermann wondered, “Should the Spanish prosecutors be taking notes?”"

“It’s well known the Obama administration is protecting President Bush and Vice President Cheney from criminal investigation,” he concluded. “And if he went after the two of them, the U.S. government could move aggressively to shut down the inquiry.”

(Source)

Detainee’s Harsh Treatment Foiled No Plots
Waterboarding, Rough Interrogation of Abu Zubaida Produced False Leads, Officials Say

By Peter Finn and Joby Warrick
Washington Post Staff Writers

When CIA officials subjected their first high-value captive, Abu Zubaida, to waterboarding and other harsh interrogation methods, they were convinced that they had in their custody an al-Qaeda leader who knew details of operations yet to be unleashed, and they were facing increasing pressure from the White House to get those secrets out of him.

The methods succeeded in breaking him, and the stories he told of al-Qaeda terrorism plots sent CIA officers around the globe chasing leads.

In the end, though, not a single significant plot was foiled as a result of Abu Zubaida’s tortured confessions, according to former senior government officials who closely followed the interrogations. Nearly all of the leads attained through the harsh measures quickly evaporated, while most of the useful information from Abu Zubaida — chiefly names of al-Qaeda members and associates — was obtained before waterboarding was introduced, they said.

Moreover, within weeks of his capture, U.S. officials had gained evidence that made clear they had misjudged Abu Zubaida. President George W. Bush had publicly described him as “al-Qaeda’s chief of operations,” and other top officials called him a “trusted associate” of al-Qaeda leader Osama bin Laden and a major figure in the planning of the Sept. 11, 2001, terrorist attacks. None of that was accurate, the new evidence showed.

Abu Zubaida was not even an official member of al-Qaeda, according to a portrait of the man that emerges from court documents and interviews with current and former intelligence, law enforcement and military sources. Rather, he was a “fixer” for radical Muslim ideologues, and he ended up working directly with al-Qaeda only after Sept. 11 — and that was because the United States stood ready to invade Afghanistan.

Abu Zubaida’s case presents the Obama administration with one of its most difficult decisions as it reviews the files of the 241 detainees still held in the U.S. military prison at Guantanamo Bay, Cuba. Abu Zubaida — a nom de guerre for the man born Zayn al-Abidin Muhammed Hussein — was never charged in a military commission in Guantanamo Bay, but some U.S. officials are pushing to have him charged now with conspiracy.

The Palestinian, 38 and now in captivity for more than seven years, had alleged links with Ahmed Ressam, an al-Qaeda member dubbed the “Millennium Bomber” for his plot to bomb Los Angeles International Airport on New Year’s Eve 1999. Jordanian officials tied him to terrorist plots to attack a hotel and Christian holy sites in their country. And he was involved in discussions, after the Taliban government fell in Afghanistan, to strike back at the United States, including with attacks on American soil, according to law enforcement and military sources.

Others in the U.S. government, including CIA officials, fear the consequences of taking a man into court who was waterboarded on largely false assumptions, because of the prospect of interrogation methods being revealed in detail and because of the chance of an acquittal that might set a legal precedent. Instead, they would prefer to send him to Jordan.

Some U.S. officials remain steadfast in their conclusion that Abu Zubaida possessed, and gave up, plenty of useful information about al-Qaeda.

“It’s simply wrong to suggest that Abu Zubaida wasn’t intimately involved with al-Qaeda,” said a U.S. counterterrorism official, speaking on the condition of anonymity because much about Abu Zubaida remains classified. “He was one of the terrorist organization’s key facilitators, offered new insights into how the organization operated, provided critical information on senior al-Qaeda figures . . . and identified hundreds of al-Qaeda members. How anyone can minimize that information — some of the best we had at the time on al-Qaeda — is beyond me.”

Until the attacks on New York and Washington, Abu Zubaida was a committed jihadist who regarded the United States as an enemy principally because of its support of Israel. He helped move people in and out of military training camps in Afghanistan, including some men who were or became members of al-Qaeda, according to interviews with multiple sources, who spoke on the condition of anonymity. He was widely known as a kind of travel agent for those seeking such training.

That role, it turned out, would play a part in deciding his fate once in U.S. hands: Because his name often turned up in intelligence traffic linked to al-Qaeda transactions, some U.S. intelligence leaders were convinced that Abu Zubaida was a major figure in the terrorist organization, according to officials engaged in the discussions at the time.

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Ex-Official: Bush Panicked After 9/11
Former State Dept. Lawyer Describes Bush Administration’s Gimto Interrogations As Torture

(CBS/AP) A former State Department lawyer tells The Associated Press that the Bush administration panicked after 9/11 and tortured prisoners.

Former President George W. Bush denied anyone was tortured. But Vijay Padmanabhan is at least the second insider to publicly describe as torture the so-called “enhanced interrogation techniques” used by the U.S.

Padmanabhan was the department’s chief counsel on Guantanamo litigation. He says it was “foolish” for the Bush administration to declare that detainees were beyond the reach of U.S. and international laws and the Geneva Conventions.

He told the AP Friday that “Guantanamo was one of the worst overreactions of the Bush administration.”

Last week, another former official in the Bush State Department publicly criticized the administration for its Guantanamo policies.

Lawrence B. Wilkerson, who served as chief of staff to then-Secretary of State Colin Powell, said many detainees locked up in the prison camp were innocent swept up by U.S. forces unable to distinguish enemies from noncombatants

“There are still innocent people there,” Wilkerson told The Associated Press. “Some have been there six or seven years.”

Wilkerson, who first made the assertions in an Internet posting, told the AP he learned from briefings and by communicating with military commanders that the U.S. soon realized many Guantanamo detainees were innocent but nevertheless held them in hopes they could provide information for a “mosaic” of intelligence.

“It did not matter if a detainee were innocent. Indeed, because he lived in Afghanistan and was captured on or near the battle area, he must know something of importance,” Wilkerson wrote in the blog. He said intelligence analysts hoped to gather “sufficient information about a village, a region, or a group of individuals, that dots could be connected and terrorists or their plots could be identified.”

Wilkerson, a retired Army colonel, said vetting on the battlefield during the early stages of U.S. military operations in Afghanistan was incompetent with no meaningful attempt to discriminate “who we were transporting to Cuba for detention and interrogation.”

Former Defense Secretary Donald Rumsfeld and Vice President Dick Cheney fought efforts to address the situation, Wilkerson said, because “to have admitted this reality would have been a black mark on their leadership.”

Wilkerson told the AP in a telephone interview that many detainees “clearly had no connection to al Qaeda and the Taliban and were in the wrong place at the wrong time. Pakistanis turned many over for $5,000 a head.”

Some 800 men have been held at Guantanamo since the prison opened in January 2002, and 240 remain. Wilkerson said two dozen are terrorists, including confessed Sept. 11 plotter Khalid Sheikh Mohammed, who was transferred to Guantanamo from CIA custody in September 2006.

(Source)

therawstory
David Edwards and Stephen C. Webster



Dick Cheney and the anti-terror policies of the Bush years have not “made us safer,” according to President Barack Obama.

In an interview on Sunday night’s 60 Minutes, the president offered a stern response to the former vice president’s criticism that Obama has somehow made Americans “less safe.”

“… The vice president is eager to defend a legacy that was unsustainable,” said Obama, characterizing Cheney’s politics as a line of thought which “has done incredible damage to our image and position in the world.”

“I fundamentally disagree with Dick Cheney,” said Obama. “Not surprisingly. You know, I think that Vice President Cheney has been at the head of a movement whose notion is somehow that we can’t reconcile our core values, our constitution, our belief that we don’t torture, with our national security interests. I think he’s drawing the wrong lesson from history. The facts don’t bear him out.

“I think he is … That attitude, that philosophy has done incredible damage to our image and position in the world. I mean, the fact of the matter is, after all these years, how many convictions actually came out of Guantanamo? How many … How many terrorists have actually been brought to justice under the philosophy that is being promoted by Vice President Cheney? It hasn’t made us safer.

“What it has been is a great advertisement for anti-American sentiment, which means that there is constant effective recruitment of Arab fighters and Muslim fighters against U.S. interests all around the world.

KROFT: Some of it being organized by a few people who were released from Guantanamo.

OBAMA: Well, there is no doubt that we have not done a particularly effective job in sorting rough who are truly dangerous individuals that we’ve got to make sure are not a threat to us, who are folks that we just swept up. The whole premise of Guantanamo promoted by Vice President Cheney was that, somehow, the American system of justice was not up to the task of dealing with these terrorists.”

“… This is the legacy that’s been left behind and, you know, I’m surprised that the vice president is eager to defend a legacy that was unsustainable. Let’s assume that we didn’t change these practices. How long are we going to go? Are we going to just keep on going until, you know, the entire Muslim world and Arab world despises us? Do we think that’s really going to make us safer? I don’t know a lot of thoughtful thinkers, liberal or conservative, who think that was the right approach.”

This video is from CBS’ 60 Minutes, broadcast Mar. 22, 2009.

(Source)

By ANDREW O. SELSKY, Associated Press Writer

SAN JUAN, Puerto Rico — Many detainees locked up at Guantanamo were innocent men swept up by U.S. forces unable to distinguish enemies from noncombatants, a former Bush administration official said Thursday. “There are still innocent people there,” Lawrence B. Wilkerson, a Republican who was chief of staff to then-Secretary of State Colin Powell, told The Associated Press. “Some have been there six or seven years.”
Wilkerson, who first made the assertions in an Internet posting on Tuesday, told the AP he learned from briefings and by communicating with military commanders that the U.S. soon realized many Guantanamo detainees were innocent but nevertheless held them in hopes they could provide information for a “mosaic” of intelligence.
“It did not matter if a detainee were innocent. Indeed, because he lived in Afghanistan and was captured on or near the battle area, he must know something of importance,” Wilkerson wrote in the blog. He said intelligence analysts hoped to gather “sufficient information about a village, a region, or a group of individuals, that dots could be connected and terrorists or their plots could be identified.”
Wilkerson, a retired Army colonel, said vetting on the battlefield during the early stages of U.S. military operations in Afghanistan was incompetent with no meaningful attempt to discriminate “who we were transporting to Cuba for detention and interrogation.”
Navy Cmdr. Jeffrey Gordon, a Pentagon spokesman, declined to comment on Wilkerson’s specific allegations but noted that the military has consistently said that dealing with foreign fighters from a wide variety of countries in a wartime setting was a complex process. The military has insisted that those held at Guantanamo were enemy combatants and posed a threat to the United States.
In his posting for The Washington Note blog, Wilkerson wrote that “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.”
Former Defense Secretary Donald Rumsfeld and Vice President Dick Cheney fought efforts to address the situation, Wilkerson said, because “to have admitted this reality would have been a black mark on their leadership.”
Wilkerson told the AP in a telephone interview that many detainees “clearly had no connection to al-Qaida and the Taliban and were in the wrong place at the wrong time. Pakistanis turned many over for $5,000 a head.”
Some 800 men have been held at Guantanamo since the prison opened in January 2002, and 240 remain. Wilkerson said two dozen are terrorists, including confessed Sept. 11 plotter Khalid Sheikh Mohammed, who was transferred to Guantanamo from CIA custody in September 2006.
“We need to put those people in a high-security prison like the one in Colorado, forget them and throw away the key,” Wilkerson said. “We can’t try them because we tortured them and didn’t keep an evidence trail.”
But the rest of the detainees need to be released, he said.
Wilkerson, who flew combat missions as a helicopter pilot in Vietnam and left the government in January 2005, said he did not speak out while in government because some of the information was classified. He said he feels compelled to do so now because Cheney has claimed in recent press interviews that President Barack Obama is making the U.S. less safe by reversing Bush administration policies toward terror suspects, including ordering Guantanamo closed.
The administration is now evaluating what to do with the prisoners who remain at the U.S. military base in Cuba.
“I’m very concerned about the kinds of things Cheney is saying to make it seem Obama is a danger to this republic,” Wilkerson said. “To have a former vice president fearmongering like this is really, really dangerous.”

(Source)