An effort to seek accountability
The post ACLU Files Lawsuit Against Architects of CIA Torture Program appeared first on Law Street.
]]>After the CIA’s use of torture in interrogations came to light in a controversial Senate report, few people have been held directly responsible for misconduct. The American Civil Liberties Union (ACLU) hopes to change that with a recently filed civil suit against two psychologists who consulted with the CIA to develop and implement the program.
The lawsuit, filed on behalf of two former CIA prisoners and the estate of another who died while in CIA custody, claims that John “Bruce” Jessen and James Mitchell violated international law for their role in the CIA’s use of torture.
The Senate Select Committee on Intelligence’s report on the CIA’s “enhanced interrogation” program reignited the debate about the agency’s use of torture from 2002 to 2009. The so-called “torture report” immediately became controversial, revealing the details of several interrogations and the tactics that were employed by the CIA and its contractors. While the full report, which spans more than 6,000 pages, remains classified, the 512-page executive summary came out last December. Enhanced Interrogation Techniques (EITs) include waterboarding, physical abuse, sleep deprivation, dietary manipulation, nudity, rectal rehydration, mock executions, and isolation in extreme cold and in coffin-shaped boxes for days at a time. Hypothermia is reportedly the cause of Gul Rahman’s death, and according to the ACLU’s complaint:
An autopsy report and internal CIA review found that Mr. Rahman likely died from hypothermia caused ‘in part from being forced to sit on the bare concrete floor without pants,’ with the contributing factors of ‘dehydration, lack of food, and immobility due to ‘short chaining.’
Prior to the Senate report, there was very little available evidence about the CIA’s use of torture in the post-9/11 era. In fact, the ACLU noted that its lawsuit is largely based on the contents of the CIA report. Steven Watt, a lawyer for the ACLU told the Huffington Post that the report is “really why our clients are able to pursue this case.”
According to the complaint, the plaintiffs–Suleiman Abdullah Salim, Mohamed Ahmed Ben Soud, and now-deceased Gul Rahman–were interrogated at CIA black sites using techniques that constitute torture. It further claims that the two psychologists, Jessen and Mitchell, “designed, implemented, and personally administered an experimental torture program for the U.S. Central Intelligence Agency.”
The lawsuit seeks relief for the plaintiffs based on the Alien Tort Statute, which enables non-citizens to file lawsuits for violations of international laws and treaties. The ACLU has three specific claims against Jessen and Mitchell, specifically the use of “torture and other cruel, inhuman, and degrading treatment,” non-consensual human experimentation, and war crimes.
The complaint argues that the defendants’ roles were central to the entire enhanced interrogation program, as they monitored the interrogations, suggested tactics for interrogators, and may have participated themselves. In an interview with Vice, Mitchell admitted to participating in waterboarding a prisoner but has so far refused to give additional details about his involvement. Their company, Mitchell Jessen and Associates, was contracted by the CIA to oversee and conduct interrogations, for which it received about $80 million. The company also employed 11 of the 13 interrogators used by the CIA. The lawsuit was filed in a federal court in Washington state, which is where the company was headquartered.
Prior to their involvement with the CIA, both Mitchell and Jessen worked for the Air Force’s Survival, Evasion, Resistance, and Escape program, which trained soldiers to resist coercive and violent interrogation tactics. Based on their experience training people to resist harsh interrogation, the CIA asked them to advise and monitor interrogations of high-level suspects in the wake of 9/11.
According to the complaint, the psychologists utilized research from the 1960s to develop their recommendations for the CIA, specifically the work of Dr. Martin Seligman who experimented with dogs to develop an understanding of learned helplessness. Seligman found that repeated abuse eventually put dogs in a state where they became completely compliant, which is what Jessen and Mitchell sought to reproduce in CIA interrogations. Because many of the prisoners had been trained to resist interrogation, these methods were used to break them down in order to retrieve information. This conclusion is a point of much contention–the Senate report concluded that the enhanced techniques proved ineffective and even counterproductive, while Mitchell has maintained that his advice saved lives. The CIA concluded that it is impossible to tell whether or not the CIA torture had intelligence benefits. Ultimately, the answer to that question has become more a product of individual ideology than the available evidence.
The ACLU’s claims and its underpinnings in the Senate’s report are certainly shocking. One of the few relatively undisputed parts of the report is the actual tactics that were used. The lawsuit focuses on the long-term psychological consequences of the torture that the victims are currently dealing with.
The exact culpability of Jessen and Mitchell is difficult to determine based on the information available, which will make this lawsuit particularly challenging. It is unlikely that the CIA will release new evidence and it appears that based on the contract that the psychologists have with the agency, they will not be paying their legal fees. According to the Guardian,
A Spokane-based company the two founded, Mitchell and Jessen Associates, would secure $75m from the CIA in contracts, in addition to a further $6.1m from the agency for legal expenses in the event of criminal or civil action stemming from the contract.
In light of the government’s unwillingness to hold those who committed and authorized torture accountable, the ACLU’s attempt to seek justice is laudable. But securing sufficient evidence to receive compensatory damages will be particularly difficult, as the program has been and will continue to be shrouded in secrecy.
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]]>There were a lot of big news stories this year, from the Olympics in early 2014 to the ongoing Sony hack. Read on to learn about the top 15 news stories of 2014.
The post ICYMI: Top 15 Top News Stories of 2014 appeared first on Law Street.
]]>There were a lot of big news stories this year, from the Olympics in early 2014 to the ongoing Sony hack. Read on to learn about the top 15 news stories of 2014.
1. The Winter Olympics: $how Me the $ochi
Image courtesy of Atos via Flickr
The 2014 Olympics were hosted in Sochi, Russia, this winter, and the entire event was marked by controversy after controversy. The Russians were chosen to host the Olympics because of an impressive, expensive bid to the International Olympic Committee (IOC). However, the chaos of the 2014 Games left many wondering whether or not cash should be the deciding factor in the selection process.
2. Malaysian Airplane Crash: Who’s Liable?
Image courtesy of abdallahh via Flickr
In March, the world watched as a Malaysian Airlines flight disappeared, and many families were left devastated. It was a horrifying tragedy, but many were wondering who was to blame for the catastrophe, or more appropriately, who was liable? Given that much is still unknown about the crash, the legal questions are far from being answered.
3. Punishing Donald Sterling Is About to Get a Lot Harder
Image courtesy of Michael via Flickr
Clippers owner Donald Sterling came under fire after an audio recording of him making racist statements came to light. NBA Commissioner Adam Silver levied a notable punishment against Donald Sterling. However, given the unprecedented level of punishment, there were significant legal concerns.
4. An Open Letter to Shailene Woodley: What Every Not-a-Feminist Needs to Hear
Image courtesy of Red Carpet Report on Mingle Media Tv
One of the most talked about stars of 2014 was Shailene Woodley–she starred in films such as Divergent and The Fault in Our Stars. However, she also made headlines for a less flattering reason–for saying that she wasn’t a feminist. Unfortunately, she had the definition of feminism wrong.
Answer Emma Watson’s Call for Gender Equality
Image courtesy of EyesonFire89 via Flickr
However, another movie starlet, Emma Watson of Harry Potter fame, gave an amazing speech this year about the importance of feminism and equality. Unlike Woodley, her definition of feminism was spot-on, and she made a great appeal.
5. SCOTUS Steps Up Amid Execution Controversy
Image courtesy of [Ken Piorkowski via Flickr]
6. Trigger Warnings Creep Off the Web and Into the Classroom
Image courtesy of OpenClips via Pixabay
Trigger warnings are a common sight on websites, in order to alert readers to content they may find troubling. However, trigger warnings started to make their way off the internet and possibly onto college syllabi. That change has led to concerns that trigger warnings may end up creating optional content in college courses.
7. The Dark Side of the World Cup: Corruption, Bribery, and Civil Unrest
Image courtesy of Amil Delic via Flickr
This summer, the world watched as the 2014 World Cup took place in Brazil. But, much like the 2014 Olympic Games, the World Cup had problems with corruption, lack of organization, and bribing scandals. Not only was the World Cup an interesting look into the the politics of Brazil, but it says a lot about what may happen at the 2022 World Cup in Qatar.
Oh, and that guy who bit another player: The People vs. Luis Suarez
![Image courtesy of [George via Flickr]](http://lawstreetmedia.com/wp-content/uploads/14282905739_73f650e46b_k-320x180.jpg)
Image courtesy of [George via Flickr]
8. The Senate Torture Report: Government Infighting Over Release
Image courtesy of Justin Norman via Flickr
The Senate torture report was finally released a few weeks ago, but there was a lot of infighting prior to the release. Major players included the U.S. Senate, particularly the Senate Intelligence Committee, the CIA, and the White House.
9. We Should All be Upset About What’s Going on in Ferguson: Here’s Why
Image courtesy of Elvert Barnes via Flickr
In early August, a young man named Michael Brown was killed in Ferguson, Missouri, by Officer Darren Wilson. The following weeks led to protests over a few different topics, including police militarization, racial profiling, and First Amendment issues.
10. Ebola and America’s Fears
Image courtesy of CDC Global via Flickr
This year, Ebola has killed thousands in Western Africa, particularly in Liberia, Sierra Leone, and Guinea. Globalization and international travel led to a case making it to the United States, sparking fear around the nation.
11. Strikes Against ISIS in Syria: Shaky Ground for Obama Administration
Image courtesy of Official US Navy Page via Flickr
The U.S. has been waging war against ISIS since it emerged in Syria and Iraq. Early this fall, the U.S. and some Middle Eastern allies bombed ISIS. Like any international action, the U.S. needed to be able to legally justify their actions, but that may be easier said than done.
12. The Washington Redskins: What’s Next in the Name Debate?
Image courtesy of Keith Allison via Flickr
The Washington D.C. NFL team is called the “Redskins,” a name that has received ire for its offensive origin. Journalists have begun to refer to the team by almost any other name, and this summer the US Patent office cancelled the team’s trademark. Whether or not the name will ever be changed remains to be seen.
13. The CIA: How to Get Away With Torture
Image courtesy of takomabibelot via Flickr
That Senate Intelligence torture report was finally released, and it was a disturbing revelation into the practices of the CIA. However, despite the fact that torture is illegal internationally, it’s doubtful that the U.S. will ever see any legal ramifications.
14. Australian Hostage Situation Ends: A Community Stands Together
Image courtesy of Corey Leopold via Flickr
Earlier this month, there was a horrifying hostage situation in Sydney, Australia. But the aftermath was heartening, as Australians banded together to show the world that the actions of one mad man does not justify discrimination on a wide scale.
Australians School the World on How To Not Be Racist
Image courtesy of Chris Beckett via Flickr
Here’s a further look into the amazing Australian compassion after the Sydney hostage situation. The hashtag #IllRideWithYou was created, in order to provide support for the Australian Muslim community. Citizens of Sydney offered company to Australian Muslims who needed to travel on public transportation without fear of discrimination.
15. Disturbing New Developments in the Continuing Sony Hacking Scandal
Image courtesy of The City Project via Flickr
One of the biggest stories of the end of 2014 was the Sony Hacking scandal, when a hacking group called the Guardians of Peace (GOP) made its way into Sony’s computer system. The story escalated quickly, as the hacking group demanded that a movie called The Interview not be released, or drastic action would be taken.
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]]>The nation has been waiting for the Senate’s 6,000 page report on the use of torture during the War on Terrorism since an investigation began in 2009. However, a series of stumbling blocks, including tampering by the CIA and large redactions by the Obama administration, have continually pushed back the public release date.
The post The Senate Torture Report: Government Infighting Over Release appeared first on Law Street.
]]>The nation has been waiting for the Senate’s 6,000 page report on the use of torture during the War on Terror since an investigation began in 2009. However, a series of stumbling blocks–including tampering by the CIA and large redactions by the Obama administration–have continually pushed back the public release date. The Senate’s frustration is clear, and there’s no way to know when this crucial report will finally be released.
The Senate Torture Report
The controversy revolves around a report that the Senate Intelligence Committee wrote on potential abuses of the detention and interrogation program during the Bush administration’s War on Terror. Those who have seen the report say that it is damning proof that the CIA used cruel tactics, including water-boarding, against detained terror suspects. The report also concludes that these tactics did not produce any useful intelligence information, and that CIA officials lied to Congress during multiple hearings on the subject. However, the committee was not unanimous in this conclusion. The committee’s Republicans came out strongly against the report, and Sen. Saxby Chambliss (R-GA) referred to the investigation as a “mistake.”
CIA reaction to the report
CIA employees are having a slight panic attack. As one not-so-eloquent headline puts it, “CIA Employees Worry They’ll Be Shafted After Torture Report’s Release.”
The primary concern of those who participated in the detention program is that they could potentially be prosecuted for torturing suspected terrorists. It is unclear whether or not this could ever happen. CIA Director John Brennan seems to be unsure, and political leaders are not providing much information either. President Barack Obama made it clear when he came into office that he would not be prosecuting Bush administration officials for their role in the detainment program, but that was five years ago.
This kind of concern over the report might explain why the CIA tried to impede the investigation.
CIA tampered with Senate computers
Last week, Brennan admitted that the CIA had accessed computers used by the Senate Intelligence Committee. CIA employees tampered with the investigation and deleted files from the computers.
According to an inquiry by the CIA’s inspector general, Five agency employees, two attorneys, and three information technology staff members gained access to emails written, sent, and received by members of the Senate committee.
This is a clear violation of the separation of powers. Watch Sen Dianne Feinstein (D-CA) list the laws that the CIA may have broken:
That speech from Feinstein took place on March 11. Brennan did not actually admit that Feinstein was correct until July 31 after an internal inquiry.
Back in March, just a few hours after Feinstein’s speech, Brennan promptly dismissed any claim that the CIA had hacked Senate computers, saying “nothing could be further from the truth.” He claimed that such hacking was “beyond the scope of reason.” Brennan has had to walk back that statement in the past few days and has apologized to Feinstein.
Feinstein has recognized but not accepted the apology. Many Senators have expressed shock and anger at this violation of the separation of powers. Some, including Senator Mark Udall (D-CO) are even calling for Brennan’s resignation.
The only person who seems to be defending Brennan is the man who appointed him to his current position. At a recent press conference, Obama defended Brennan, claiming that he had “full confidence” in the CIA leader. Obama further stated:
Keep in mind, though, that John Brennan was the person who called for the I.G. report, and he’s already stood up a task force to make sure that lessons are learned and mistakes are resolved.
Critics of Brennan still contend that he should be fired, not just for this offense but for prior offenses, including his involvement in a drone program that has killed American citizens. Brennan will come under even more fire when the committee’s report comes out. At that point, he will probably have to defend his agency against charges of torture and illegal spying.
What’s going on with the report now?
The report was sent to the Obama administration after Senate completion in April for a declassification review. During such a review, the administration and other federal agencies redact parts of the report they believe could compromise national security or the safety of CIA agents. Obama can redact anything from a single word to an entire section.
The executive branch completed this process on July 2 and submitted the reviewed report to the Senate. Feinstein has complained that there were “significant redactions” in the new version of the report. The Senate Intelligence Committee is not satisfied and has withheld release of the report until they discuss these redactions with the executive branch. Anonymous sources have told VICE News that the redacted sections of the report that discuss forms of torture, the living conditions of detainees, and the intelligence gained from torture.
Congress and Obama will have to spend a significant amount of time resolving these issues before releasing the report to the public, and the status of the CIA tampering is still up in the air. This is a controversy with a lot of angry players; but when the report is finally released it will certainly be illuminating.
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Eric Essagof (@ericmessagof) is a student at The George Washington University majoring in Political Science. He writes about how decisions made in DC impact the rest of the country. He is a Twitter addict, hip-hop fan, and intramural sports referee in his spare time. Contact Eric at staff@LawStreetMedia.com.
Featured image courtesy of [Justin Norman via Flickr]
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