Originally published at truthout.org – 23 May 2010

by: H.P. Albarelli & Jeffrey Kaye

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In a superb op-ed, written by Leonard S. Rubenstein and Stephen N. Xenakis, published recently in the New York Times (Doctors Without Morals, March 1, 2010, p. A23), the issue of holding physicians and psychologists accountable for their ethical breaches in participating in the conduct of torture is expertly raised, along with a well-needed call for investigations into such violations and violators. Rubenstein and Xenakis wrote: “[Despite overwhelming evidence] no agency – not the Pentagon, the CIA, state licensing boards or professional medical societies – has initiated any action to investigate, much less discipline, these individuals. They have ignored the gross and appalling violations by medical personnel. This is an unconscionable disservice to the thousands of ethical doctors and psychologists in the country’s service. It is not too late to begin investigations. They should start now.”

Rubenstein and Xenakis are absolutely correct in their call for action now, as they are in their accounting of what has gone on historically the past ten years with torture at Guantanamo and elsewhere. However, their op-ed says nothing about the decades preceding the terrible events of 9-11. An examination of these well-hidden, past torture activities might serve well in shedding light on the causes for reluctance and inaction in holding torturers and their professional cohorts responsible.

Operation Dormouse

Contemporary torture’s earliest, deepest and most influential roots are found in the CIA’s Artichoke Project. Indeed, it is Project Artichoke that encapsulates the CIA’s real traveling road show of horrors and atrocities, not MK/ULTRA which, although responsible for its own acts of mindless cruelty, pales in comparison.

That MK/ULTRA received, and continues to receive, the lion’s share of the media’s attention and public outrage over CIA mind control programs was a deliberately planned outcome on the part of the Agency. This outcome was the central objective of a never before revealed covert operation launched in 1975 and informally code-named Dormouse.

Dormouse, operated out of the CIA’s Security Research branch, had its genesis in the 1975 Rockefeller Commission report and in the subsequent Congressional hearings into CIA illegal activities chaired by Senators Frank Church and Teddy Kennedy. Following the initial revelation of Frank Olson’s alleged “suicide” by the Rockefeller Commission, a number of high-level meetings occurred between President Gerald Ford’s White House and CIA General Counsel Lawrence Houston.

Houston, who had served the Agency as its doyen general counsel for over 25 years, secretly huddled on at least two occasions in June 1975 with Ford’s chief of staff, Donald Rumsfeld, and his chief assistant, Richard Cheney. Houston impressed upon both men that any prolonged and intense media scrutiny of Project Artichoke would lead to opening a Pandora’s box of legal, institutional, international and public relations problems that could destroy the CIA.

Houston explained that the Agency’s MK/ULTRA program was far less problematic for the CIA because it had been a research-based program that initiated 153 contracts to colleges, universities and research institutions nationwide. These contractors, all stalwart and prestigious institutions like Harvard, Columbia, and Tulane Universities, could serve as viable buffers to any harsh outside attacks.

Houston stressed that deliberate exposure of the MK/ULTRA program by essentially offering it to the press would serve to placate the brewing feeding frenzy over so-called mind control projects, and would divert any investigative attempts into the multi-faceted Artichoke Project.

Houston additionally explained to Rumsfeld and Cheney that, along with the release of MK/ULTRA details to the media, the names of a few former CIA employees, such as Dr. Sidney Gottlieb, would also be released to the press. Incredibly, when the subject of possible federal prosecutions of CIA officials for capital crimes and felonies, such as murder and drug trafficking, came up in their discussion, Houston informed Rumsfeld and Cheney that there was little cause for concern.

Explained the Agency’s General Counsel, since early 1954, following the death of Army biochemist Frank Olson, a secret agreement between the CIA and the U.S. Department of Justice had been put in place whereby the violation of “criminal statutes” by CIA personnel would not result in Department of Justice prosecutions, if “highly classified and complex covert operations” were threatened with exposure. The agreement had been struck between Houston and Deputy Attorney General William P. Rogers in February 1954, not long after Frank Olson’s death, and still remained solidly in place.

Lastly, and worth noting here, was a brief adjunct discussion between Houston, Rumsfeld, and Cheney regarding related concerns about records on former Nazi scientists who had been secretly imported into the United States in the early Fifties by the State Department and Army, as part of Project Paperclip. These German scientists performed highly-classified research at the Army’s Fort Detrick and Edgewood Arsenal, Maryland, some of which involved field operations in Europe.

Without doubt, as the extant record clearly reveals, the CIA’s Dormouse Operation, as expressed by Houston, was remarkably effective. Information released on the Agency’s MK/ULTRA program more than sated the media’s curiosity for mind control details, and even a few random Artichoke Program citations in a couple released documents failed to draw any concerted examination by anyone in the press. For example: documents revealing that Dr. Frank Olson had been part of the CIA’s ongoing “Artichoke Conference” were near completely overlooked. Within a few short months, Artichoke was widely believed by the media and public to be but a small, innocuous project that had been replaced by the MK/ULTRA behemoth. Still today, numerous publications state that Artichoke was absorbed and replaced by MK/ULTRA, when actually Artichoke operated independently for nearly 17 years beyond the dawn of MK/ULTRA.

What Was Project Artichoke?

The CIA initiated Project Artichoke in August 1951 at the direction of CIA director Walter Bedell Smith and the Agency’s Scientific Intelligence Director, Dr. H. Marshall Chadwell. The code name “Artichoke” was selected with sardonic humor from the street appendage given to New York City gangster Ciro Terranova, who was referred to as “the Artichoke King.”

Following a brief period of bureaucratic infighting over which CIA department would have jurisdiction over Artichoke, it was decided that the project would be overseen by the Agency’s Security Research Staff, headed by Paul F. Gaynor, a former Army Brigadier General, who had extensive experience in wartime interrogations.

Gaynor was notorious among CIA officials for having his staff maintain a systematic file on every homosexual, and suspected homosexual, among the ranks of Federal employees, as well as those who worked and served on Washington’s Capitol Hill. Gaynor’s secret listing eventually grew to include the names of employees and elected officials at State government levels, and the siblings and relatives of those on Capitol Hill.

In early January 1953, State Department employee John C. Montgomery, who handled considerable classified material, hanged himself in his Georgetown townhouse after learning of his addition to Gaynor’s list. In 1954, U.S. Senator Lester C. Hunt (D-WY) killed himself in his senate office after he was threatened by Republicans, using information provided by Gaynor’s staff, to publicly expose his son’s homosexuality. By the early 1960s, according to one former Agency employee, “It was pretty much routine to consult Gaynor’s ‘fag file’ when conducting background or clearance checks on individuals.”

Gaynor’s veiled and more despicable activities also extended to racist matters, a fixation he seemed to share with many of the CIA’s early leaders, as well as with some of the Pentagon’s early ranking officials. According to one former CIA official, Gaynor was once informally cautioned by Allen Dulles concerning his overt support of former Congressman Hamilton Fish III, a strident Nazi sympathizer, and for associating, along with fellow CIA official Morse Allen, with John B. Trevor Jr., an ardent racist, anti-Semite, pro-Nazi, who called for amnesty for Nazi war criminals. Before the CIA was formed, Gaynor was also associated with Trevor’s father, John B. Trevor Sr., a Harvard-educated attorney who worked with Army intelligence and who once strongly advocated arming a group of citizens with 6,000 rifles and machine guns to put down an anticipated Jewish uprising in Manhattan that only took shape in Trevor’s twisted mind.

In 1997, former CIA Technical Services chief, Dr. Sidney Gottlieb, who had been born into a Jewish family, said, “Throughout the 1950s, and for some time beyond, the Agency was less than a welcoming place for Jews and racial minorities. Those who were actually ever hired or involved in operations learned rather quickly to keep their heads down when certain matters were discussed or rallied round.”

Here it should be emphasized that inevitably lurking within, near, and around all of the CIA’s early mind-control experiments was a strong element of racism that generally manifested itself through the Agency’s principle objective of establishing control over the perceived “weaker” and “less intelligent” segments of society. That the CIA’s initial mind control activities show a close kinship with many prominent characters within the racist and anti-immigration eugenics movement is no coincidence. Thus comprised was the central leadership of the CIA’s Project Artichoke.

Here it is important to note that the Artichoke Project originated from the CIA’s short-lived Project Bluebird, which operated for about two years, 1949 through summer 1951, and concentrated its efforts on former American POWs returned from the Korean War. These servicemen were placed in several Army hospitals, including Valley Forge Hospital, Pennsylvania and the Walter Reed facility in Washington, D.C.  There the former POWs were subjected to various behavioral modification programs, including the use of experimental drugs, special interrogation methods, all for what the CIA deemed “offensive objectives.”  Joining the CIA in Project Bluebird was the Army, Navy, and Air Force (the FBI declined to participate in the project).

Reads one April 1951 Bluebird Project report: “The Navy’s research efforts in regards to Bluebird objectives had actually begun in 1947 at Bethesda Naval Hospital. There, according to the Navy’s Bluebird designees, J.H. Alberti and Lt. Cmdr. Hardenburg, extensive experiments had been conducted using both drugs and medical aids (polygraph machines, surgical means, hypnotism). Besides Bethesda hospital, the Office of Naval Research conducted a project in partnership with the University of Indiana which in essence [was] a search for valid indications of deception other than the mechanical indicators now being used.”

CIA interest in exotic and abusive methods of detecting deception continues to the present day. In July 2003, the CIA, the Rand Corporation and the American Psychological Association conducted a series of workshops on detecting deception. One of these workshops considered the use of truth drugs (“pharmacological agents are known to affect apparent truth-telling behavior”) and the use of sensory overloads. The workshop asked its classified participants, “How might we overload the system or overwhelm the senses and see how it affects deceptive behaviors?”

Perhaps one of the best examples of this was the treatment of “enemy combatant” Jose Padilla, who by the time he entered a U.S. courtroom had suffered tremendously, and irreversibly, from the abuses of deliberately induced sensory and systems overload.

In early summer of 1951, just weeks before Bluebird was renamed Artichoke, officials within the CIA’s Security Office – working in tandem with cleared scientists from Camp Detrick’s Special Operations Division, who in turn worked closely with a select group of scientists from a number of other Army installations, including Edgewood Arsenal – began a series of ultra-secret experiments with LSD, mescaline, peyote, and a synthesized substance, sometimes nicknamed “Smasher,” which combined an “LSD-like drug with pharmaceutical amphetamines and other enhancers.”

This substance was used in a number of highly classified field experiments, at least four of which were conducted outside the United States. While details of these experiments are sketchy, former Fort Detrick biochemists report, “None of the field experiments produced the type of results desired,” and as a result, “ranking Army Chemical Corps officials elected to focus LSD and other drug experiments on more narrowly defined groups, as well as individuals.” Chief among the field experiments that failed in the “desired results” category were the horrifying events that took place in Pont St. Esprit, France in 1951. There in a small, peaceful village one early summer morning nearly 700 people went stark raving mad with 4 people killing themselves. (This incident is detailed in my book, “A TERRIBLE MISTAKE: The Murder of Frank Olson and the CIA’s Secret Cold War Experiments“) This experimental focus remained in place when Project Artichoke was initiated.

At its inception, the Artichoke Project needed a steady supply of experimental subjects. Wrote CIA Security Research chief Paul Gaynor in a never before revealed February 1953 memo: “It is imperative that we move forward more aggressively on identifying and securing a reliable, ready group, or groups, of human research subjects for ongoing Artichoke experimentation. There can be no delays in this extremely important work.”

Other CIA reports reveal that the CIA’s Security Research Staff was not sitting idly by while awaiting the securing of ready groups of human subjects. Teams of Agency officials and contract physicians were traveling frequently to locations in Europe where, in the isolation of CIA safe houses, enhanced interrogations and behavior modification experiments were being conducted on various defectors, double-agents, and kidnapped foreign agents.

Reads a November 1956 Artichoke report that could have easily been written today at Guantanamo, Cuba: “The team physician administered a suppository containing a small amount of heroin to the subject so as to increase subject’s pain threshold.” The physician referred to in this report, a well-known Washington, D.C. psychologist, made over 90 Artichoke-related trips abroad.

In September 1953, Artichoke Project director Morse Allen, a former Naval intelligence officer and State Department employee, hand-carried a two-page memorandum to Paul Gaynor. The memo bears the subject: “Artichoke Research Program.” It reads in part: “[T]here are some four thousand (4,000) American military men who are serving court martial sentences in the federal prisons at the present time. These men are scattered through the federal institutions according to their age – some being at reformatories, others at prisons. It is administratively possible that the sentences of these men can be reduced by direction of the Adjutant General’s office. Therefore, if these men should be wanted for work on a dangerous research project, it might be possible to motivate their interest by promising that recommendations would be made to the Adjutant General’s office to have their sentences appropriately reduced if they co-operated in the experimentation. Also many offenses of military men were committed in circumstances which might tend to lessen the feeling of guilt on the part of the individual and such cases might reveal interesting information.”

Allen next suggested that federal prisons “that have hospital setups with doctors on the permanent staff” be used for experiments. Wrote Allen, “Such things as the size of the institution and current population would have to be considered but it is a fact that the federal prisons are not overcrowded as is the case with many state prisons, thus it would be much easier to obtain working space in a federal institution.” Artichoke teams secretly working in the prisons could be passed off as “coming from nearby universities or research institutions,” explained Allen. About a week later, Allen amended his September memo to include “federal hospitals and institutions under the control of the [U.S.] Public Health Service.”

Wrote Allen, “There are a large number of USPHS-controlled facilities that can be used for experiments, these in addition to the facilities recommended in the earlier memorandum bearing the same subject.”

Gaynor promptly approved Allen’s recommendations, ordering their immediate implementation. Within a few weeks, progress reports concerning the conduct of experiments at three federal prisons, as well as a reformatory in Bordentown, New Jersey, were submitted to Gaynor. Experiments were also conducted at St. Elizabeth’s Hospital in Washington, D.C., a Veterans Administration hospital in Detroit, Michigan, and at the Federal Narcotics Farm in Lexington, Kentucky. Experiments at the Narcotics Farm, somewhat romanticized in some current publications, were specifically targeted at African-American inmates, who were considered by the program’s director to be inferior to white inmates at the facility.

When the newly created U.S. Department of Health, Education, and Welfare (HEW) was created just weeks later with Nelson A. Rockefeller as Under-Secretary, the CIA found it remarkably easy to gain HEW’s approval for use of Federal medical facilities as fronts for covert drug and interrogation experiments using unwitting human subjects. Inevitably, nearly all those unwitting experimental subjects chosen for HEW-sponsored projects were African-Americans and persons from immigrant groups and what one Agency document referred to as the “lower classes.”

A central Artichoke objective, according to one CIA document, centered on: “The problem exists of ascertaining whether effective and practical techniques exist, or could be developed, which could be utilized to render an individual subservient to an imposed will or control, thereby posing a potential threat to National Security.” [Italics added]

The same document explained that the Agency also wanted to put the same techniques to their own effective uses in the field offensively. Reads the document: “We need to also explore the ‘subtle’ means of making an individual say or do things he would normally not consider through the use of covertly administered drugs, ‘Black Psychiatry’*, hypnosis, and brain damaging processes. Dr. Chadwell feels these processes may be tried but they are ‘elaborate, impractical and unnecessary.’”[Italics added. Dr. Chadwell was H. Marshall Chadwell, the CIA's director of Scientific Intelligence.]

A subsequent April 1954 Artichoke Conference meeting, attended by Frank Olson’s Fort Detrick superior, Col. Vincent Ruwet, explored the real nitty-gritty of Artichoke experimentation. Noted a CIA report on the meeting, “It was also recognized [by conference participants] that if Morse Allen and his group could produce bodies and if certain very rough, primitive, and ultimate tests could be carried out then a more accurate prediction could be made in connection with the ultimate goal of the group which is the running of selected foreign nationals back into Europe for specific work for this Agency.”

CIA Security Research chief Paul Gaynor, attending the same Artichoke Conference meeting, reminded the gathered Agency and Fort Detrick officials, “All individuals can be broken under mental and physical assaults and by such techniques as denying sleep, exhaustion, persuasion, starvation, pain, humiliation, and sickness.”

Added Gaynor, “The capacity to endure assaults of all kinds varies in individuals. We need to teach the Artichoke techniques to medical officers in the field… we also need to combine these techniques with the work carried on at Edgewood Arsenal and at Camp Dietrich [sic] …and the special use of ergots, as well as Lysergic Acid. Experiments with new ideas, for example the hypo-spray instrument (owned by the E.R. Squibb Company) using criminals and the criminally insane, have been very successful.”

An italicized and revealing note at the end of the Artichoke meeting report reads: “Morse Allen and Paul Gaynor emphasized the fact that this type of work must not be overwhelmed and overburdened in a maze of statistics, technical reports and learned academic experimentation since previous experiences along these lines clearly indicate that when this appears the end results are almost always negative.” Reportedly, much of these very same statements and thinking are contained in a number of the training manuals used today by CIA and Army interrogators.

Project Artichoke Operational Overseas

Beginning in January 1954, following a series of experimental field assignments, the CIA began to systematically dispatch special assignment Artichoke Teams from the U.S. to locations throughout Europe, Japan, Southeast Asia, and the Philippines. Team assignments were given by special “EYES ONLY” cables with each assigned a tracking number. By 1961 the numbers had reached as high as 257 specific assignments. Nearly all of these assignments would fall under today’s definition of “enhanced interrogations.”

Through a number of Project Artichoke documents, obtained through the Freedom of Information Act, we are able to obtain glimpses into those activities and techniques employed by the dispatched teams, which appear to have been at least a dozen in number.

A February 6, 1954 team report, delivered to CIA headquarters by “Diplomatic Courier,” provides partial insight into one seemingly unique Artichoke field assignment in Europe. The report states: “These two subjects [foreign agents] are disposal problems, one because of his lack of ability to carry out a mission and the other because he cannot get along with the chief agent of the project. Both have extensive information concerning (other) assets and thus are security risks wherever they are disposed of. Anything that can be done in the Artichoke field to lessen the security risk will be helpful since the men must be disposed of even at maximum security risk. The urgency of consideration of this case is due to the fact that one of the men is already somewhat stir crazy and has tried to escape twice.”

Another field report reads: “Subject was given a sedative suppository to increase his resistance to pain, this in order to intensify his ordeal midway through the planned session.” Another reads in part: “This A [Artichoke] session involved four subjects all of whom present serious disposal problems after results are produced.”

Domestic Artichoke Operations

In February 1954, with over 65 Artichoke Team visits to sites in Europe and the Far East having already occurred, Paul Gaynor decided to open a new Artichoke Project front. This front would be located within America’s borders despite the fact that many people in the nation’s capital believed that the CIA’s founding charter forbade the organization from conducting domestic operations.  In numerous ways, this new front gave initial shape and direction for the CIA’s still-to-come “rendition” activities that we witness today.

Gaynor outlined this in a memo sent to the Agency’s Technical Services Division, explaining that Artichoke officials were about to embark on creating “a mechanism within the United States which will be a ways and means of contacting alien citizens in the United States” whereby they could be “branded as alien threats and removed from the United States as ‘undesirable aliens.’” The objective of establishing this mechanism was to facilitate “legal entree” for the contacted aliens so that they might, following careful “screening and testing,” conduct covert missions in targeted foreign countries.

Gaynor’s memo continued, stating the best technique for “contacting these people” was through the use of “sympathetic fake left-wing organizations” secretly established by the CIA. Remarkably, the memo went on stating the best process established by Artichoke officials for identifying those aliens to use involved “selection, screening, indoctrination and ultimately hypnosis.” However, states the memo, “the sixty-four dollar question is can individuals be commanded under hypnosis to do things they would not otherwise do because of morals, training, ethics, etc.”

Earlier, in March 1952, Security Research officials along with CIA Scientific Intelligence Branch researchers had made a concerted decision to pursue hypnotism toward the principle objective that, “Two hundred trained [CIA] operators, trained in the United States, could develop [and command] a unique, dangerous army of hypnotically controlled agents” who would carry out any instructions they were given without reservations. Several years later, CIA officials would describe the abilities of this “unique, dangerous army” as “mildly hair-raising.”

Artichoke Evolves into Assassination Project

Perhaps it was inevitable that Project Artichoke would eventually develop an “executive action” or assassination component. The CIA had been seriously contemplating such a capacity since its founding. In 1952, one Artichoke official wrote: “Let’s get into the technology of assassination, figure most effective ways to kill – like Empress Agrippina – do you want your people to be able to get out of the room? Do you want it traced?”

Other hard evidence of the CIA’s leanings toward assassination as a feature of policy and operations is yet another memorandum by the Agency’s Security Office and Artichoke official Morse Allen. Wrote Allen about Martin Luther King in 1965: “It is [redacted]‘s belief that somehow or other Martin Luther King must be removed from the leadership of the Negro movement, and his removal must come from within and not from without. [Redacted] feels that somehow in the Negro movement, at the top, there must be a Negro leader who is ‘clean’ who could step into the vacuum and chaos if Martin Luther King were exposed or assassinated.”

Rewriting History and Creating Disinformation

In recent years there has been a concerted effort on the part of some groups and writers to deliberately disown and downplay the horrors of Project Artichoke. Perhaps the finest recent example of this is an article written by Charles S. Viar of the Washington, D.C.-based Center for Intelligence Studies, a private group. Viar’s article entitled PANDORA’S BOX: MKULTRA and the Weaponization of the Human Psyche is posted on the center’s web site.

Viar, who claims to have been a student of James Jesus Angleton in 1986 and 1987, and an expert on intelligence affairs, erroneously claims in his article that the Artichoke Project and its techniques had been “developed and successfully refined by the Soviets, Nazi, and Western intelligence services between 1920 and 1973.”  This rewriting of history appears as nothing short of an amazing effort to distort the truth; as is well established by the CIA’s own records, the term Artichoke was never applied to any program or techniques prior to 1952, when the Agency first employed the project codename.

Viar also appears to buy into and promote the cover story invented by Cheney and Rumsfeld in 1975 that Project Artichoke was, in 1953, replaced by MK/ULTRA. Additionally, he buys into the “unwitting” dosing of Frank Olson as “part of an MKULTRA experiment,” this despite that Olson was a member of the CIA’s Artichoke Conference and never worked with MK/ULTRA projects. Viar then remarkably writes, “There is no evidence that either the CIA or the US military operationalized Artichoke,” a statement that is shattered to pieces by the numerous Artichoke operational reports and records filed by both the CIA and army from 1954 through to at least 1970. If this is not enough, Viar then states that it was “the Soviets” who “shared Artichoke with their Arab allies,” and then equates Project Artichoke to “suicide bombers” and “Al Qaeda.” Lastly, Viar also writes that the CIA’s delving into parapsychology matters is near completely overlooked by historians, despite the ample writings and exposure of the Agency’s MK/ULTRA subprojects, which extensively dealt with ESP and other parapsychology matters.

Project Artichoke Today

With today’s media reports concerning the CIA and Department of Defense black sites cropping up all over the world map, and with horrifying reports concerning alleged “suicides” at US-operated compounds holding “enemy combatants” that make Frank Olson’s suicide-turned-murder case look like a stroll through atrocity park, readers should be ever mindful that the roots of the CIA’s secret mind control and enhanced interrogation programs are firmly planted in the soil of Project Artichoke.

Over the past months, new secret black sites prisons have been discovered at Guantanamo Naval Base and at Bagram Air Field in Afghanistan. The Guantanamo site has been linked to the deaths of three prisoners in 2006, while Bagram secret prison, said to be run by the Defense Intelligence Agency, has been the subject of investigations by the New York Times, Washington Post, and BBC, exposing widespread use of beatings, isolation, sleep deprivation, and other techniques derived from Appendix M of the 2006 Army Field Manual. This portion of the manual outlines abusive forms of interrogation reserved only for captives that supposedly don’t warrant prisoner-of-war status.

Interest in the use of drugs and mind control techniques in military research and operations persists to the present day. A November 2006 instruction from the Secretary of the Navy (3900.39D) informs that the Undersecretary for the Navy would heretofore be the “Approval Authority for research involving: (a) Severe or unusual intrusions, either physical or psychological, on human subjects (such as consciousness-altering drugs or mind-control techniques).”**

A public presentation of the new policy at the Defense Department Training Day in Washington, D.C. on November 14, 2006, only 16 days after the new policy was released, deleted the parenthetical remarks on drugs and “mind control,” but left intact the instruction two paragraphs later that the Undersecretary also be responsible for research of, “Potentially or inherently controversial topics (such as those likely to attract significant media coverage or that might invite challenge by interest groups.)”

Like a modern day Ministry of Truth, U.S. government agencies and their partners are busy trying to erase the evidence of their crimes, whether from sixty years ago, or six. Most recently, the American Psychological Association (APA) has changed the web pages that describe their 2003 workshop conducted with the CIA and the Rand Corporation on deception. One webpage has dropped the link to another page that described the workshops investigation of sensory overload and truth drugs. The descriptive page on workshops has been scrubbed entirely, and is only available through the use of web archives sites. Worth noting is that throughout the 1950s and 1960s the APA worked quite closely with both the CIA and Army on mind control projects, many of which completely crossed ethical lines, as well as the APA’s Code of Ethics, into areas described by many observers as sheer madness.

Attempts to prevent judicial review of the rendition and torture programs are moreover an official position of President Obama’s administration. On May 12, the administration filed a brief to the Supreme Court about whether to hear an appeal from Maher Arar in his lawsuit against former Attorney General Ashcroft and other Bush administration figures. Arar was kidnapped from New York’s JFK Airport and rendered secretly to Syria, where he was tortured for almost a year. His suit was dismissed by a federal circuit appeals court. Now, President Obama’s Acting Solicitor General, Neal Katyal, has pronounced the administration’s position that further deliberations on Mr. Arar’s suit are “unwarranted.” The former Solicitor General, Elena Kagan, who was involved in U.S. decision-making on the case, is now a nominee for the Supreme Court.

Finally, the release last year of the CIA’s 2004 Inspector General report on the “enhanced interrogation” program revealed an operation that with its use of doctors as control agents, its reliance on methods of psychological and physiological torture, and the experimental nature of the program, led Physicians for Human Rights to release a white paper that concluded that “possible human experimentation” was taking place, and emphasized the urgent need for a thorough investigation.

*According to one former CIA official: “‘Black Psychiatry’ refers to psychiatric methods used by trained and licensed physicians on subjects. These methods may not be in the best interest of the subject’s mental well-being and health.” The same official remarked, “There was no shortage of or problems recruiting psychologists in the 1950s and 1960s who would willfully, and sometimes enthusiastically, practice ‘Black Psychiatry.’” The various methods of ‘Black Psychiatry’ were provided in a training setting in the 1950s through to at least the 1970s at the CIA’s Butler Health Center facility in Rhode Island, where many physicians, including Dr. Robert Hyde, worked for the Agency. The Butler Center also served as the CIA’s central site for exposing its own officials and agents to the effects of LSD and other drugs.

** Recent reports concerning the CIA and Army have both organizations experimenting on a selected basis with a new mind altering drug whose effects are described as “incredibly mind altering yet at the same time allowing subjects to adhere to a sufficient sense of sanity thus allowing better opportunity for truth inducing techniques…” The drug, described by one former intelligence official as “ETX,” is said to last for “about 48-hours.”

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by: Jason Leopold, t r u t h o u t | Report ~ Orignially Published, 9 April 2010

photo

(Image: Lance Page / t r u t h o u t; Adapted: amarine88, Bebopsmile,ImageAbstraction, JoesSistah...)

Former Secretary of Defense Donald Rumsfeld once declared that individuals captured by the US military in the aftermath of 9/11 and shipped off to the Guantanamo Bay prison facility represented the “worst of the worst.”

During a radio interview in June 2005, Rumsfeld said the detainees at Guantanamo, “all of whom were captured on a battlefield,” are “terrorists, trainers, bomb makers, recruiters, financiers, [Osama Bin Laden's] body guards, would-be suicide bombers, probably the 20th hijacker, 9/11 hijacker.”

Click here to listen to Truthout’s Jason Leopold discuss this story on The Peter B. Collins show (mp3).

But Rumsfeld knowingly lied, according to a former top Bush administration official.

And so did then Vice President Dick Cheney when he said, also in 2002 and in dozens of public statements thereafter, that Guantanamo prisoners “are the worst of a very bad lot” and “dangerous” and “devoted to killing millions of Americans, innocent Americans, if they can, and they are perfectly prepared to die in the effort.”

Now, in a sworn declaration obtained exclusively by Truthout, Col. Lawrence Wilkerson, who was chief of staff to former Secretary of State Colin Powell during George W. Bush’s first term in office, said Bush, Cheney, and Rumsfeld knew the “vast majority” of prisoners captured in the so-called War on Terror were innocent and the administration refused to set them free once those facts were established because of the political repercussions that would have ensued.

“By late August 2002, I found that of the initial 742 detainees that had arrived at Guantánamo, the majority of them had never seen a US soldier in the process of their initial detention and their captivity had not been subjected to any meaningful review,” Wilkerson’s declaration says. “Secretary Powell was also trying to bring pressure to bear regarding a number of specific detentions because children as young as 12 and 13 and elderly as old as 92 or 93 had been shipped to Guantánamo. By that time, I also understood that the deliberate choice to send detainees to Guantánamo was an attempt to place them outside the jurisdiction of the US legal system.”

He added that it became “more and more clear many of the men were innocent, or at a minimum their guilt was impossible to determine let alone prove in any court of law, civilian or military.”

For Cheney and Rumsfeld, and “others,” Wilkerson said, “the primary issue was to gain more intelligence as quickly as possible, both on Al Qaeda and its current and future plans and operations but increasingly also, in 2002-2003, on contacts between Al Qaeda and Saddam Hussein’s intelligence and secret police forces in Iraq.”

“Their view was that innocent people languishing in Guantánamo for years was justified by the broader war on terror and the capture of the small number of terrorists who were responsible for the September 11 attacks, or other acts of terrorism,” Wilkerson added. “Moreover, their detention was deemed acceptable if it led to a more complete and satisfactory intelligence picture with regard to Iraq, thus justifying the Administration’s plans for war with that country.”

Documents have been released over the past year that showed how in 2002 several high-value detainees were tortured and forced to make statements that linked Iraq to al-Qaeda and 9/11, which the Bush administration cited as intelligence to support its invasion of the country in March 2003. But the confessions were utterly false.

Wilkerson’s declaration was made in support of a lawsuit filed by Adel Hassan Hamad, a 52-year-old former Guantanamo detainee who is suing Defense Secretary Robert Gates, former Joint Chief of Staff Richard Myers, and a slew of other Bush administration officials for wrongfully imprisoning and torturing him.

Hamad was arrested in his apartment in Pakistan in July 2002, rendered to Bagram Air Base in Afghanistan for three months, where he says he was tortured, and then transferred to Guantanamo, where he was interrogated daily and subjected to even more torture by US military personnel.

At Bagram, according to Hamad’s lawsuit, “dogs were set upon [him] while watching United States military personnel laughed and mocked him.” Moreover, he was forced to stand for three days without “sleep or food” and eventually collapsed. He was then sent to a hospital where it took him two weeks to recover.

“Mr. Hamad was not given notice of the basis for his detention until more than two years after first being detained, when a Combatant Status Review Tribunal (CSRT) was convened in November 2004,” according to the lawsuit, filed in US District Court for the Western District of Washington at Seattle earlier this week. “Not until March 2005, nearly three full years after initially being detained, was Mr. Hamad officially labeled an ‘enemy Combatant’ by the flawed CSRT process,” according to the lawsuit.

“However, this determination drew a rare dissenting opinion that acknowledged his enemy combatant status determination was unwarranted and, as such, would have ‘unconscionable results,’” the lawsuit states. “The basis for Mr. Hamad’s enemy combatant determination was simply because of his association as an employee of two organizations for whom he had done humanitarian and charity work (one of which he had left years before), and nothing more.

“In fact, a second CSRT was ordered for Mr. Hamad in November of 2007, one month before he was ultimately released to the Sudan. This was unusual, and indicates that the government recognized that the initial CSRT determination of Mr. Hamad was not accurate.”

While Hamad was detained, his wife gave birth to a daughter who died some time later because the family did not have any money to pay for medical care. He has five other children.

Since he has been released, Hamad says he suffers from emotional, physical and psychological injuries and he is seeking undisclosed compensatory and punitive damages. Similar lawsuits against former Bush administration officials, however, have been dismissed in other jurisidictions.

Wilkerson said he “made a personal choice to come forward and discuss the abuses that occurred because knowledge that I served in an Administration that tortured and abused those it detained at the facilities at Guantánamo Bay and elsewhere and indefinitely detained the innocent for political reasons has marked a low point in my professional career and I wish to make the record clear on what occurred.”

“I am also extremely concerned that the Armed Forces of the United States, where I spent 31 years of my professional life, were deeply involved in these tragic mistakes. I am willing to testify in person regarding the content of this declaration, should that be necessary,” he added.

Gwynne Skinner, an assistant professor of clinical law at Willamette University College of Law in Salem, Oregon and a member of Hamad’s legal team, said WIlkerson’s declaration was originally intended to be filed in support of Hamad’s habeas corpus case, which was still pending in federal court in Washington, DC, along with more than 100 others, even though Hamad and the other former Guantanamo prisoners have already been released.

But US District Court Judge Thomas Hogan dismissed the cases, stating the former prisoners’ transfers rendered their habeas lawsuits moot. Attorneys for the detainees were upset because they had hoped the court would make a decision that would ultimately clear the peitioners’ names, lift travel restrictions, and the stigma that comes from being detained at Guantanamo.

Still, Skinner said Wilkerson’s declaration is signficant because it marks the first time a Bush administration official is willing to state, under oath, that Bush, Cheney, Rumsfeld and others knew many of the prisoners were innocent when they were sent to Guantanamo.

Wilkerson said detainees like Hamad were of little concern to Cheney.

The Office of Vice President Dick Cheney “had absolutely no concern that the vast majority of Guantanamo detainees were innocent, or that there was a lack of any useable evidence for the great majority of them,” Wilkerson said in the 9-page declaration. Cheney’s position, Wilkerson asserted, “could be summed up as ‘the end justifies the means.’”

Cheney, and his daughter Liz, have been vocal critics of President Obama’s efforts to shut down Guantanamo. Obama signed an executive order immediately after he was sworn into office and set a one-year deadline to close the facility. But he missed the date, due in part, to Congress’ refusal to earmark funds that would have allowed the administration to close the prison and move some detainees to a supermax prison in Illinois.

Cheney said last year that the only alternative the Bush administration had to setting up Guantanamo was to kill the prisoners detained there.

“If you don’t have a place where you can hold these people, the only other option is to kill them, and we don’t operate that way,” Cheney said.

It is not news that the majority of the initial 742 prisoners who were detained at Guantanamo were innocent of the crimes that they were accused of.

Indeed, in February of 2006, the National Journal reviewed the case files of 132 prisoners who filed habeas corpus petitions and the redacted CSRT transcripts of 314 others and concluded that “most of the ‘enemy combatants’ held at Guantanamo… are simply not the worst of the worst of the terrorist world” as Cheney, Rumsfeld and Bush had claimed.

“Many of them are not accused of hostilities against the United States or its allies,” according to an investigative report published by the National Journal. “Most, when captured, were innocent of any terrorist activity, were Taliban foot soldiers at worst, and were often far less than that. And some, perhaps many, are guilty only of being foreigners in Afghanistan or Pakistan at the wrong time. And much of the evidence — even the classified evidence — gathered by the Defense Department against these men is flimsy, second-, third-, fourth- or 12th-hand. It’s based largely on admissions by the detainees themselves or on coerced, or worse, interrogations of their fellow inmates, some of whom have been proved to be liars.”

The Journal noted that a common thread among many of the detainees is that a  majority of them “were not caught by American soldiers on the battlefield. They came into American custody from third parties, mostly from Pakistan, some after targeted raids there, most after a dragnet for Arabs after 9/11.”

That’s a point Wilkerson made in his declaration and said it likely applied to Hamad’s case as well.

“With respect to the assertions by Mr. Hamad that he was wrongfully seized and detained, it became apparent to me as early as August 2002, and probably earlier to other State Department personnel who were focused on these issues, that many of the prisoners detained at Guantanamo had been taken into custody without regard to whether they were truly enemy combatants, or in fact whether many of them were enemies at all,” Wilkerson said in his declaration. “I soon realized from my conversations with military colleagues as well as foreign service officers in the field that many of the detainees were, in fact, victims of incompetent battlefield vetting.

“There was no meaningful way to determine whether they were terrorists, Taliban, or simply innocent civilians picked up on a very confused battlefield or in the territory of another state such as Pakistan. The vetting problem, in my opinion, was directly related to the initial decision not to send sufficient regular army troops at the outset of the war in Afghanistan, and instead, to rely on the forces of the Northern Alliance and the extremely few US Special Operations Forces (SOF) who did not have the necessary training or personnel to deal with battlefield detention questions or even the inclination to want to deal with the issue.

“A related problem with the initial detention was that predominantly US forces were not the ones who were taking the prisoners in the first place. Instead, we relied upon Afghans, such as General [Abdul Rashid] Dostums forces, and upon Pakistanis, to hand over prisoners whom they had apprehended, or who had been turned over to them for bounties, sometimes as much as $5,000 per head.

“Such practices meant that the likelihood was high that some of the Guantanamo detainees had been turned in to US forces in order to settle local scores, for tribal reasons, or just as a method of making money. I recall conversations with serving military officers at the time, who told me that many detainees were turned over for the wrong reasons, particularly for bounties and other incentives.”

In Hamad’s case, Wilkerson said that he has “no reason to believe that any more thorough process was used to determine whether his seizure or transfer to Guantanamo was justified.”

Wilkerson said that he discussed the Guantanamo detainees issue regularly with Powell and, based on those discussions, Wilkerson discovered that “President Bush was involved in all of the Guantanamo decision-making.”

“My own view is that it was easy for Vice President Cheney to run circles around President Bush bureaucratically because Cheney had the network within the government to do so,” Wilkerson said. “Moreover, by exploiting what Secretary Powell called the president’s ‘cowboy instincts,’ Vice President Cheney could more often than not gain the President’s acquiescence.”

Wilkerson said issues revolving around efforts to repatriate individuals wrongfully detained at Guantanamo came up during the morning briefings chaired by Powell that he and about 50 to 55 senior State Department officials attended beginning in August 2002 after the prison facility was opened.

“At the briefing, Secretary Powell would question Ambassador Pierre Prosper (Ambassador-at-Large for War Crimes), Cofer Black (Coordinator for Counter Terrorism), and Beth Jones (Assistant Secretary for Eurasia), or other senior personnel for information about specific progress in negotiating detainee releases,” Wilkerson said. “A number of these conversations arose because Secretary Powell received frequent phone calls from British Foreign Minister Jack Straw, who had consulted with Secretary Powell frequently about repatriating the British Guantánamo detainees …

“I also know that several other foreign ministers spoke with Secretary Powell urging him to repatriate their countries’ citizens. During these morning briefings, Secretary Powell would express frustration that more progress had not been made with detainee releases.”

During one particular meeting, Wilkerson said, Ambassador Prosper, the point person on negotiating the transfer of detainees to other countries, “would discuss the difficulty he encountered in dealing with the Department of Defense, and specifically Donald Rumsfeld, who just refused to let detainees go.”

Wilkerson said it was “politically impossible” to release detainees, even the ones Bush, Cheney, Rumsfeld and other senior officials knew were innocent.

“The concern expressed was that if they were released to another country, even an ally such as the United Kingdom, the leadership of the Defense Department would be left without any plausible explanation to the American people, whether the released detainee was subsequently found to be innocent by the receiving country, or whether the detainee was truly a terrorist and, upon release were it to then occur, would return to the war against the US,” he said. “Another concern was that the detention efforts at Guantánamo would be revealed as the incredibly confused operation that they were. Such results were not acceptable to the
Administration and would have been severely detrimental to the leadership at DOD.”

A spokesman for Rumsfeld said Wilkerson’s claims are untrue. Peggy Cifrino, Powell’s spokeswoman, said the former Secretary of State, “has not seen Colonel Wilkerson’s declaration and, therefore, cannot provide a comment.”

Still, what Wilkerson described may have very well been an issue in Hamad’s case, although as Jim White pointed out in a blog post, the Pentagon appears to have had a policy in place to “justify the long-term detention and interrogation of innocent civilians.”

According to Hamad’s lawsuit, the Pentagon had cleared him for release in November 2005, according to a redacted copy of his clearance decision his attorneys cited in their complaint.

But he was not freed from Guantanamo until December 2007. His attorneys said they were notified via email in March 2007 that Hamad was eligible to be sent back home to Sudan and it was during negotiations with the Sudanese government that they discovered he was eligible for release a full two years earlier.

About 183 detainees, many of whom have already been cleared for release, remain at Guantanamo. A majority of them have never been charged with a crime.

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This work by Truthout is licensed under a Creative Commons Attribution-Noncommercial 3.0 United States License.


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By: Andy Worthington, 13 March 2010:

It’s now over three weeks since veteran Justice Department (DOJ) lawyer David Margolis dashed the hopes of those seeking accountability for the Bush administration’s torturers, but this is a story of such profound importance that it must not be allowed to slip away.

Margolis decided that an internal report into the conduct of John Yoo and Jay S. Bybee, who wrote the notorious memos in August 2002, which attempted to redefine torture so that it could be used by the CIA, was mistaken in concluding that both men were guilty of “professional misconduct,” and should be referred to their bar associations for disciplinary action.

[...]

Read More–> What Torture Is and Why It’s Illegal and Not “Poor Judgment” – truthout.org

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By: Jason Leopold, 26 February 2010:

The National Archives and a watchdog group sent letters to the Justice Department Thursday demanding an investigation into the destruction of John Yoo’s emails in the summer of 2002 when he and other government attorneys prepared and finalized legal memoranda for the CIA that redefined torture and authorized interrogators to brutalize “war on terror” detainees.

The Federal Records Act (FRA) requires the preservation of government documents. Records cannot be destroyed unless approved by the National Archives and Records Administration (NARA). According to the Justice Department’s website, emails fall under FRA if it pertains to government business.

The Federal Records Act (FRA) requires the preservation of government documents. Records cannot be destroyed unless approved by the National Archives and Records Administration (NARA). According to the DOJ’sweb site, emails fall under FRA if they pertain to government business.

Last week, the DOJ’s Office of Professional Responsibility (OPR) released a long-awaited report into the legal work former Office of Legal Counsel (OLC) attorneys Yoo and Jay Bybee did for the Bush administration on torture. Yoo currently works as a law professor at UC Berkeley and Bybee received a lifetime appointment as a federal judge on the Ninth Circuit Court of Appeals.

Legal opinions written by Yoo in August 2002 and signed by Bybee cleared the way for the Bush administration to subject detainees to the near drowning of waterboarding and other brutal treatment at the hands of CIA interrogators.

Waterboarding and some of the other interrogation techniques sanctioned by the Bush administration, such as slamming detainees against walls and depriving them of sleep, have long been considered acts of torture and have been treated and prosecuted as war crimes. However, Yoo – working closely with Bush administration officials – claimed that the techniques did not violate US criminal laws and international treaties forbidding torture.

Further, Yoo asserted that Bush’s presidential powers were virtually unlimited in wartime, even a conflict as vaguely defined as the war on terror.

But Yoo, the report concluded, was found to have “committed intentional professional misconduct when he violated his duty to exercise independent legal judgment and render thorough, objective, and candid legal advice.”

Bybee was found to have “committed professional misconduct when he acted in reckless disregard of his duty to exercise independent legal judgment and render thorough, objective, and candid legal advice.” OPR investigators deemed this to be a violation of “professional standards” and recommended that Yoo and Bybee be referred to state bar associations where they could have had their law licenses revoked. Career prosecutor David Margolis, however, downgraded the criticism to “poor judgment,” which means the DOJ now won’t make the referral.

The voluminous report noted, however, that while OPR investigtors were initially provided us with a relatively small number of emails, files, and draft documents,” it became “apparent, during the course of our review, that relevant documents were missing…”

OPR “requested and were given direct access to the email and computer records of REDACTED, Yoo, [Deputy Assistant Attorney General Patrick] Philbin, Bybee, and [fomer OLC head Jack] Goldsmith” during the course of the investigation into the creation of the torture memos. But OPR investigators said their probe was “hampered by the loss of Yoo’s and Philbin’s email records.”

OPR investigators said they were told that most of “Yoo’s email records” as well as “Philbin’s email records from July 2002 through August 5, 2002 – the time period in which the Bybee Memo was completed and the Classified Bybee Memo … was created” were deleted and “reportedly” not recoverable. The deleted emails also included other relevant documents the OPR needed to assist its investigation, according to the report.

It is unknown whether any steps were ever taken by DOJ to retrieve the emails before deeming them “unrecoverable.” Curiously, the report says that although OPR investigators “were initially advised that Goldsmith’s records had been deleted, we were later told that they had been recovered and we were given access to them.” The report does not provide further explanation.

In a letter sent Thursday to Jeanette Plante at the DOJ’s Office of Records and Management Policy, Paul Wester, director of the Archives’ modern record program, said, in accordance with federal rules governing the preservation of records, if the “DOJ determines that an unauthorized destruction has occurred, then DOJ needs to submit a report to” NARA.

Wester requested a response within 30 days. A DOJ spokesperson was unavailable for comment.

The destruction of Yoo’s and Philbin’s emails also caught the attention of watchdog group Citizens for Responsibility and Ethics in Washington (CREW), which had waged a years-long legal battle with the Bush administration over its destruction of tens of millions of emails and failed efforts to take steps to recover the documents and  preserve others.

Melanie Sloan, CREW’s executive director, said Thursday, “given the disappearance of millions of Bush White House emails, we shouldn’t be surprised that crucial emails also disappeared from the Bush Justice Department.”

“The question now is what is the Attorney General going to do about it?” she said.

Sloan also sent a letter sent to Attorney General Eric Holder Thursday calling for a criminal investigation into the matter, a request that will likely go unfulfilled given the Justice Department’s and the Obama administration’s unwillingness to further delve into the previous administration’s alleged crimes.

She said such an inquiry is warranted, however, and compared the destruction of emails with the CIA’s destruction of torture tapes, which led to a criminal investigation and the appointment of a special prosecutor by former Attorney General Michael Mukasey. That probe is ongoing.

“The destruction of emails from high-ranking officials such as Messrs. Yoo and Philbin related to a subject of critical important to the Department of Justice and the nation as a whole clearly violates FRA,” Sloan’s letter to Holder said.

Indeed, the DOJ’s web site said emails are federal records if it:

  1. Documents agreements reached in meetings, telephone conversations, or other E-mail exchanges on substantive matters relating to business processes or activities
  2. Provides comments on or objections to the language on drafts of policy statements or action plans
  3. Supplements information in official files and/or adds to a complete understanding of office operations and responsibilities

The DOJ rules for preserving records also said ”the unlawful removal or destruction of federal records” can result in “criminal or civil penalties, fines and/or imprisonment.”

Sloan, in her letter to Holder, said, “the apparent failure of the Department of Justice to take any action in the face of knowledge that crucial records had been destroyed reflects a patent disregard of mandatory federal record keeping laws … Even if Mr. Yoo and Mr. Philbin did not violate their professional obligations by writing the torture memos, they – or others seeking to hide the truth – may have broken the law by deleting their emails.”

Last December, CREW and the historical group the National Security Archive announced that they entered into a settlement with the Obama administration over the loss of Bush administration emails.

Under the terms of the agreement, 22 million previously “missing” emails covering 94 days will be restored. That includes emails from the Office of the Vice President that were previously lost and unrecoverable and were subpoenaed by Patrick Fitzgerald, the special prosecutor appointed to probe the unauthorized leak of covert CIA operative Valerie Plame Wilson. This time frame also coincided with litigation surrounding the release of documents related to former Vice President Dick Cheney’s Energy Task Force meetings.

The emails will be sent to NARA. But whether they contain answers to lingering questions about the CIA leak or Cheney’s energy task force meetings will not be known for years, as the documents will not be immediately available for public view.

Congressional Hearing

The destruction of Yoo’s and Philbin’s email was one of the first issues raised Friday during a Senate Judiciary Committee hearing, where Acting Deputy Attorney General Gary Grindler is currently testifying about the OPR report.

“Have [the emails] disappeared? If they have, and if they have been destroyed,  either the Yoo emails, the Philbin emails, will the [Justice Department] make ultimate determination whether the destruction was criminal, in violation of the criminal statutes, which seem fairly clear?” Judiciary Committee Chairman Patrick Leahy (D-Vermont) asked Grindler.

Grindler testified that he still needs to gather information from the “information technology experts, including all of the questions of what occurred, what the policies are, and what the archive system is. And at that point I’ll be in a position to evaluate whether anything additional needs to be done.”

Grindler said the report does not “suggest there was anything nefarious” about the fact that Yoo and Philbin’s emails were not turned over to OPR investigatiors and he noted that the report “does include a review of some of Mr. Yoo’s emails.”

But Leahy said the episode was cause for concern given that other Bush administration officials were found to have destroyed emails in violation of the Presidential Records Act during time frames that coincided with the lead up to the invasion of Iraq, the leak of Plame’s covert status and other scandals that engulfed the Bush White House.

“All I’m saying is that the report doesn’t have a complete lack of his e-mails,” Grindler said. But as soon as I learn the facts regarding this, I will provide appropriate information back to this committee…If they are retrievable, I will direct [technical staff] to retrieve them.”

After the hearing, CREW filed a Freedom of Information Act request with the Justice Department “seeking documents that would shed light on the destruction” of Yoo’s and Philbin’s emails.

Specifically, CREW wants “copies of record keeping guidance issued to staff of the Office of Legal Counsel (OLC) from January 2000 to the present concerning how electronic records, including email, are to be treated for purposes of federal record keeping laws.”

CREW “also seeks records indicating, reflecting, or commenting on any problems with the storage or retention of emails of OLC staff, including but not limited to” Yoo and Philbin, “from January 2000 to July 2009.”

In a blog post published last Sunday, Marcy Wheeler, who has spent the past week painstakingly dissecting the OPR report, wrote that emails OPR did obtain “provide a key piece of evidence that the White House was responsible for the way in which the Bybee One memo served as a blank check, as well as the pressure the White House put on the lawyers as they were drafting the memos.”

“The emails put the White House squarely in the drafting process” of the torture memos, Wheeler wrote on her blog emptywheel. “But that’s all, with most emails from John Yoo and Patrick Philbin still disappeared. It sort of makes you all the more curious about what was in the Yoo and Philbin emails that got deleted, huh?”

Read Leopold’s report @ truthout –>  National Archives, Watchdog Demand DOJ Probe Destruction if John Yoo’s Emails ~ Digg it HERE

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by:  H.P. Alberelli and Jeffrey Kaye :

On Tuesday, February 10, the British High Court finally releaseda “seven-paragraph court document showing that MI5 officers were involved in the ill-treatment of a British resident, Binyam Mohamed.” The document is itself a summary of 42 classified CIA documents given to the British in 2002.

[snip]

image via flicker/jarnocan ~ creativecommons.org

The revelations regarding Mohamed’s torture, which include documentation of the fact the US conducted “continuous sleep deprivation” under threats ofharm, rendition, or being “disappeared,” were criticized by the British court as being “at the very least cruel, inhuman and degrading treatment by the United States authorities,” and in violation of the United Nations Convention Against Torture.

The Mohamed case is the most prominent of a number of cases that have come to public attention. While the timeline of Mohamed’s torture places the implementation of the Bush administration’s so-called “enhanced interrogation techniques” many months prior to their questionable legal justification in the August 1, 2002, Jay Bybee memo to the CIA, the use of torture and rendition has a much earlier provenance…

[snip]

Read the compelling report @ truthout–> The Real Roots of the CIA’s Rendition and Black Sites Program – 17 February 2010

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