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贬补蝉辫别濒鈥檚 CIA Torture Defenders Have No Case

Gina Haspel
Gina Haspel
Dror Ladin,
Former Staff Attorney,
老澳门开奖结果 National Security Project
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May 8, 2018

As we approach the confirmation hearing on Wednesday for Gina Haspel, Donald Trump鈥檚 pick to head the CIA, the agency continues to hide from the American public virtually all information about her role in torture and the destruction of evidence documenting it.

According to The Washington Post, Haspel even her nomination out of concern about questions that she and the CIA have long avoided. has suggested that 贬补蝉辫别濒鈥檚 withdrawal was motivated by concern that the White House wouldn鈥檛 fully back her in light of documents showing her unquestioning complicity in torture. As public scrutiny mounts, that the Trump administration is already getting a Plan B nominee, Susan Gordon, the deputy director of national intelligence, ready if the Haspel nomination fails.

Although Haspel decided to move forward with the confirmation process after persuasion by White House officials, there is no indication that she has any intention of coming clean about her history helping lead the CIA鈥檚 Bush-era torture program. Instead, the CIA is doubling down on a propaganda campaign on 贬补蝉辫别濒鈥檚 behalf, pushing what several a 鈥渟uperficial narrative鈥 that 鈥渄oes a great disservice to the American people鈥 by denying them basic information about a person poised to assume one of the most powerful roles in the country. According to the , 鈥渄ocuments that haven鈥檛 been made public, show that Haspel was an enthusiastic supporter of what the CIA was doing.鈥 Those are documents that the American people need to see.

We fully expect that Haspel will try to deflect attempts to get to the bottom of her record by relying on tired defenses that have no basis in law or history. Here is the truth behind some of the defenses we can expect to hear this week from torture defenders.

No one could have believed in good faith that the CIA鈥檚 torture program was legal.

Since the founding of the United States, our laws have the use of torture and cruelty to extract information or inflict punishment. The U.S. has also signed the and the , both of which categorically prohibit the use of cruel treatment and torture, and has long had criminal statutes that prohibit conduct like assault and homicide. As courts have , 鈥渋t is beyond the power of even the President to declare such conduct lawful.鈥

Nonetheless, a common talking point among CIA torture apologists is that a secret Justice Department 鈥溾 that opined that the CIA program was lawful was somehow a license to torture. It was not. All criminal laws still applied to CIA personnel operating in CIA-run facilities overseas.

Anyone who personally witnessed the CIA torture program in action, , would know that it entailed the brutal abuse of helpless prisoners. Haspel knew that prisoners she was responsible for were kept for days chained to the ceiling, naked or in diapers, then slammed face-first into walls, subjected to near-drowning and relentless physical assault, deprived of food and sleep, forced into excruciating stress positions, and stuffed into coffin-like boxes.

Contemporaneous CIA cables describe how the human beings subjected to the CIA program visibly trembled and shook, suffered 鈥渋nvoluntary stomach and leg spasms,鈥 became 鈥渄istressed to the level that he was unable to effectively communicate,鈥 鈥渃ried, begged, and pleaded; finally becoming hysterical.鈥 After receiving an interrogation plan for a prisoner who had been tortured under 贬补蝉辫别濒鈥檚 supervision, the CIA chief of interrogations sent an email to colleagues in which he wrote, "This is a train wreck [sic] waiting to happen," he wrote, "and I intend to get the hell off the train before it happens." No ordinary person could believe this was lawful.

Those involved with the torture program were desperate to cover up what they were doing.

The CIA鈥檚 efforts to hide 贬补蝉辫别濒鈥檚 involvement in torture are only the most recent example of the agency鈥檚 obsessive attempts to cover up the clearly unlawful program. In fact, the entire torture program was based on the CIA鈥檚 belief that it could keep torture secret forever.

Several of the most chilling documents the 老澳门开奖结果 has acquired in various lawsuits over the years show the extraordinary lengths the CIA was willing to travel to hide what it was doing. In a series of cables sent back and forth between CIA torturers at a 鈥渂lack site鈥 in Thailand and agency leadership in Langley, Virginia, to cremate the body of a prisoner, should he die from torture. That would eliminate the evidence. But the torturers were worried that, if the prisoner survived, he might one day reveal what the CIA had done to him. So they 鈥渞easonable assurances鈥 that the prisoner 鈥渨ill remain in isolation and incommunicado for the remainder of his life.鈥 CIA headquarters readily that the prisoner 鈥渨ill never be placed in a situation where he has any significant contact with others.鈥

Haspel went on to oversee the interrogations at that black site. The detainee, Abu Zubaydah, remains at Guant谩namo, .鈥

Many in the CIA were similarly worried when they discovered that there was videotaped evidence of the very torture that the CIA wanted to hide. Among those most concerned about the tapes were Haspel and her boss, Jose Rodriguez. Both were with getting rid of this evidence, and they actively lobbied CIA lawyers to sign off on destroying the tapes.

Eventually, the tapes were destroyed without securing permission.

Destroying evidence is illegal, no matter how many CIA officials sign off on it.

贬补蝉辫别濒鈥檚 for her key role in destroying dozens of videotapes of CIA torture sessions is her claimed belief that her boss, Jose Rodriguez, would get permission from then-CIA Director Porter Goss. As it turned out, Rodriguez didn鈥檛 even attempt to secure this permission. But even if the CIA director had signed off on destroying evidence, that wouldn鈥檛 make 贬补蝉辫别濒鈥檚 actions legal.

At the time that Haspel instructing that the videotapes be destroyed in an industrial shredder, court orders required the CIA to preserve and turn over tapes of prisoner abuse. Congressional oversight committees were engaged in a formal inquiry and had informed the CIA that destroying the tapes 鈥.鈥 Nonetheless, the oversight committees that the CIA intended to destroy evidence of the program.

Perhaps most importantly, destruction of evidence is a . And no one, not even the director of the CIA, can authorize subordinates to commit felonies 鈥 no matter who ultimately signs the permission slip.

The other person responsible for destroying the torture tapes, Jose Rodriguez, has admitted under oath that he wanted the tapes destroyed because they 鈥渨ould make the CIA look bad鈥 and 鈥渁lmost destroy the clandestine service.鈥

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History doesn鈥檛 look kindly on those who claim to have been 鈥,鈥 as Haspel may claim and her defenders . As over 100 former generals and admirals have , 鈥渨e did not accept the 'just following orders' justification after World War II, and we should not accept it now.鈥

With that principle in mind, it鈥檚 worth remembering that not everyone in the CIA or the government went along with torture. As President Trump a nominee who stood for torture, it鈥檚 worth thinking of those individuals within government who had the courage to stand up against it. Theirs are the moral standards that a CIA director nominee should embody.

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