Well, that’s that. The Justice Department has just formally ended their investigation into CIA “enhanced interrogations” without bringing any charges.
This was the investigation headed by John Durham, the federal prosecutor selected in August 2009 to look into charges of torture in CIA interrogations during the Bush Administration. We know plenty about those charges. The Justice Department released a previously classified document around the same time that they named Durham to lead the investigation, detailing the methods they used to interrogate suspects, including plenty of methods that a plain reading would consider to be torture. This included waterboarding, stress positions, mock executions, threatening with handguns and power drills, vowing to kill or rape members of a detainee’s family, and inducing vomiting.
CIA officials and members of the Bush Administration consistently claimed that the techniques they performed were both legal and effective, citing multiple pieces of evidence that stopped terrorist plots. Much of this evidence was found to be bogus or unclear, and the consensus of the intelligence community is that torture does not work.
Early in the Administration, President Obama said he would look forward and not backward, even though the entire purpose of the criminal justice system is to look backward and prosecute on past crimes. However, Eric Holder, to whom Obama delegated authority over accountability for the torture program, did inaugurate this investigation. Now, three years later, it has disbanded, having done nothing.
In July 2010, federal judge and former Bush-era Justice Department official Jay Bybee, who wrote many of the Administration’s guidelines on interrogation, admitted to a House committee that CIA personnel never asked for approval for many of the interrogation techniques they used, that they went further than the prescribed guidelines from him, and that the ones he did prescribe were used excessively. Even if you believe that Bybee’s techniques were legal and did not violate federal and international conventions against torture, his testimony revealed clearly that CIA interrogators broke the law. Despite this prima facie evidence of unauthorized interrogation, the investigation went nowhere.
None of this can come as too much of a surprise, but there is an air of finality to it. The last case in America to look into illegal torture has been closed.




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“Mistakes were made.”
In principle, this should open the door to international prosecution, which I understand was in abeyance awaiting prosecution under local jurisdiction.
Also, IIUC, under international law these crimes have “universal jurisdiction” and no statute of limitation.
Looks like GWB was right.
“Miss me yet?”
Still, no.
I have to say I did not see this coming? snark
Is the CIA running the USA? this must be ask
When one looks at movies like “Bourne Legacy” one walks away thinking who tells the CIA what to do and not to do?
The CIA is clearly playing by their own rules all around the GLOBE.
Also, per the Wikipedia:
Yamashita was hanged in 1945.
Oh well, wait til next year.
Shameful. The US stands for nothing. Well, not exactly nothing, but nothing we have trumpeted all these years of the union.
Death to the rule of law.
“I don’t think anybody could have predicted…”
that these people…would walk away scott free.
“Now what is the message there? The message is that there are no “knowns.” There are things we know that we know. There are known unknowns. That is to say there are things that we now know we don’t know. But there are also unknown unknowns. There are things we do not know we don’t know” …
but the fact that these assclowns are going to walk away without even a hint of accountability has always been a known known.
Remind me again how O is different from W.
Anyone got anything?
Of course there were no charges. As long as we call it “enhanced interrogation” why would there be? That’s the whole point of changing the language. The law is about words. Change the words and you change the law. Because torture of prisoners of war did not happen, no war crimes were committed. Instead, “enhanced interrogation” was conducted on “enemy combatants,” which is perfectly “legal.” And publicly, US society went along with adopting this language. What other result than the one we see here could have been possible?
“CIA officials and members of the Bush Administration consistently claimed that the techniques they performed were both legal and effective . . .”
And because they defined the related terms, they are right. This is especially so when it comes to how effective these techniques are. Because if one is interested in expressing violent, murderous, sociopathic power for its own sake, torture is exactly the right instrument. Torture has fuck all to do with extracting “information.”
When there is an investigation into subverting the law and establishing the Executive as both the law and at the same time above it, we will be getting somewhere. But why would the Obama administration investigate this? It is precisely what they are after as well.
Putting the con in Con Law.
I’ve been thinking very, very hard about your question for a long time and this is what I’ve come up with: Their names are spelled differently. Check it out for yourself. This discovery is not my opinion.
The CIA has always functioned as the President’s private army. And if a nation has a President who makes the law and exists above the law, what does this say about the behavior of the CIA or any institutional checks on its power?
that was cheney’s lakeys, “team b”, most in the cia were against torture
I know what you mean, there were no-no’s committed by unknowns that are known to people in the know but they said no we didn’t know; eventhough, we all know they did a no- no.
O has a good jump shot and W likes a cheap shot.
How can we miss you if yo don’t go away????
Far away. And take that dick Cheney with you.
Can you give me a couple more days?????
Bound to be something we’ve overlooked.
The one permutation of this that Rumsfeld left out–the most important one–was the “unknown knowns”: The things we know but pretend that we don’t. Torture is one of the “unknown knowns.” Over a million dead Middle Easterners at the hands of the US Empire over the last 20 years is another.
Duh……….they’re, well they’re the CIA.
You musta missed that G. Gordon Liddy “expose” on the Discovery Channel.
That’s a good one!!!!
But, but, but, didn’t we restore democracy and social justice to a great portion of Middle East??????
Where you ask???????
Sorry, gotta go, toilet is overflowing.
Corporate Fascism: Where the rule of law is tossed aside so covert actions can protect business models. Oil
Now you know why PM Mossadegh of Iran was overthrown, after being democratically elected, by Iranians at the request of BP and its allies, USA.
Corporate Fascists run America.
And yet, that appears nowhere on the money. Strange??????
Can you imagine a son of one of Hitler’s USA bankers ascending to the position of CIA director, then becoming VP of the US in the 1980s, followed by the Presidency, then being able to co-opt succeeding US Presidents into his Corporate Crime Family? It’s just a coincidence that I’ve described Poppy Bush.
Nixon Rules in the American Accountability Century:
They are the fucking KGB or La Mano Blanco or the Stasi or the SAVAK or . . .
Here is the relevant question for any citizen in the world: If the CIA commits a crime against you, who are you going to call for a redress of grievances? The President? The UN? The Police? Your representative in Congress?
They can do whatever they can want, which is the whole point of their existence.
They proved what was already known beforehand. Torture works, if what you want is a false confession. The Bushies desperately needed somebody with ties to al-Qaeda to help them justify the invasion of Iraq, and that’s where torture came in handy.
That’s what they mean when they say torture was effective. Of course, torture is worthless for intelligence interrogation – everybody knows that.
That nails it, Teddy.
Nazis fascist scum thought and said the same the same thing.
That was until the Nazi fascist bastards where shot, hung or committed suicide after conviction for War Crimes.
Are you like them Silent Germans??????????
Looking at a Ten dollar Bill. It says “We The People,” not we the 1 tenth of one percent, corporate fascists dirtbags…
I think you’re missing the snark
One the other hand, there is also a picture of Alexander Hamilton, one of the great 1%-ers of his day.
Just like the SS and Hitler convinced the German People, Germany was under attack from Polish saboteurs?
Utter fucking Bullshit! Like Bush and Cheney! The Nazi SS orchestrated the attack on Gleiwitz Radio Installation to create the perception, of attack.
Torture the favorite technique of fascist Nazi bastards to silence dissent before killing dissenters.
Cheney knows history well, being a fascist corporate bastard himself……..
Yet another reason to hang our flag upside down.
O’s daddy wasn’t rich and didn’t buy his way out of scrapes.
Other than that . . .
On this point, I am not sure that there is any. Perhaps on enhanced interrogation, which Obama purportedly banned through executive order. However, I am not sure I can take that at face value considering that extraordinary rendition still occurs (and what happens whilst extraordinarily rendered in countries unknown stays in such unknown countries).
http://en.wikipedia.org/wiki/Society_of_the_Cincinnati
New York
Guess Jefferson was correct about this aristocratic group?
Failing to crush this aristocracy at its birth, it has morphed into the fascist aristocrats Jefferson warned of, today who challenge the rule of law, buy law and fuck people in that lust for endless and easy Profit, at the republic’s expense?
DOJ is batting 1000% in acting like coward ass POS making news while many are away on vacation.
First SEC and DOJ fail to charge Wall Street, GS et als in the biggest fraud in history citing no evidence? Now they let fascist dirt bags off the hook as they torture and violate international law.
Fascists, all enabled by fascists?
Given the news from the Justice Department and the reality of US Fascism under lights in Tampa on the same day, the score for everybody watching at home is:
Fascist parading as the GOP – 1 * US small d democracy – 0
Time until Fascism/GOP finally seizes control of the country and doors start getting kicked in?
That countdown begins – now.
I think the emptywheel (Marcy) has this right. Holder could not bring indictments without eventually indicting both Bush and Tenet.
My reading of this is fear of the Wall Street media reporting it as a constitutional crisis that the Obama administration was politicizing. I don’t think that media should dictate the limits of justice, but I suspect that that is what is going on. Which goes beyond just legitimizing torture (again) to treating the President with impunity. “If the President does it, it’s legal.” A more serious but not unexpected (at this point) turn of events.
He doesn’t burp at the dinner table?
I realized this in 2002, and have been afraid ever since. But on the other hand, the odds of getting hit by the CIA are only slightly higher than getting hit by lightening, given that they are so busy chasing people like Assange. If I were Jane, though, I’d be apprehensive.
Personal disclosure: I was once picked up by mistake in my own apartment by police entering without a warrant. It was scary. I thought it was a mistake, until I saw my name in one of the policeman’s notebooks.
Teddy, I just KNEW that one was gonna come back and bite us in the ass.
Still screwwing America, from the grave no less.
All kidding aside, I NEVER thought anyone could call our country “fascist” and be justified in doing so.
Did you see the video of the LA cops arresting and then beating the shit out of a woman for using a cell phone while driving??????
You will.
I’m telling you. I got people working on this. I am sure we’ve overlooked something, somewhere.
Hang on…….what susie? He can’t bowl????????
Torture / Murder / Treason is legal if the president does it .
I saw it. They are fascist fucking assholes in need of lead poisoning.
Perris no offense but a tribute to the total CIA controll of this countyr and the media,
Award for the best Bullshit quote today.
Wrong…. It is not legal and is the behavior of fascists.
Yes and we aren’t who we ever claimed to be.
Living the lie…
Lead poisoning.
Nice touch!
PLease, please post “Keyboad Alert” next time.
Of course, you all KNOW what is so unbelivable about this??????????
We are on the same side of the argument as John McCain.
So this means I can kidnap and torture my own enemies and it’s all hunkey-dorey?? Cool!! I’ve got a list…
http://www.opposingviews.com/i/society/crime/video-michelle-jordan-pulled-over-driving-cellphone-brutally-beaten-lapd-officers
So if this was your wife being beaten by these fascist out of control POS what would you do?
I would shoot to kill. As I would a mugger or a pedophile priest who assualted a member of my family. These guys are not cops. They are fucking scum…
Jefferson said some thing went like this:
“Always be aware of the circumstances of others because their circumstance may become yours…”
Paraphrasing….
Yes McCain was tortured and he opposed torture, rightfully so. While others in his party, fascists in nature, embraced torture, and got away with it like the rape of America by Wall Street. Screw the Republic! Make money and sodomize people, as the NYC PD did, with a toilet plunger handle. Class acts?
The only way Alexander Hamilton was part of the 1% of his day was if you were counting homosexual “octaroons”.
“Illegal torture” is an unfortunate phrase. All torture, Alan Dershowitz’s wishes notwithstanding, is illegal.
The good news about the United States deciding it’s no longer in the business of adhering to the Geneva Conventions, the UN Convention Against Torture and the Eighth Amendment is that other countries can now begin criminal investigations under the principle of universal jurisdiction.
The bad news, as Glenn Greenwald mentioned when he spoke at UCLA a few years ago, is that as long as the US has military and economic supremacy, no one’s going to go after its lawbreaking officials.
18 USC § 2340(2)(C) says the “severe mental pain and suffering” component of torture specifically includes “the threat of imminent death.” Sounds just a tid bit like a mock execution to me.
To be more exact, I meant that Hamilton was a member of the ruling/owning class. Whether his wealth and power put him in exactly the top 1%, I don’t know. Being in the top percentage is relative to the rest of the nation, a great many of whom at the time were indentured servants, slaves, prisoners (a la Georgia) and cashless, landless workers and farmers. His actions and ideas supported what today we would call banksters, the Military Industrial Complex and corporate welfare. He had disdain for democracy and the political value of those who did not own property, while believing that only elites, like himself, were fit to govern. His political party was responsible for the Alien and Sedition Acts. Hamilton and the Federalists were the seedling from which we now harvest the fruit of Neoconservatism and Corporatism. The Bush and Romney families would recognize Hamilton as one of their own.
“The Bush and Romney families would recognize Hamilton as one of their own.”
Well done…..
I’m actually encouraged by their refusal to call it “torture.” I think that’s a step in the right direction because it shows they are unwilling to admit to torture. Similarly, I’d welcome them referring to war as “enhanced diplomacy” if it was because they didn’t want to be associated with war.
Well, not really. Here’s part of a Senate floor speech by McCain on May 12, 2011 (http://www.mccain.senate.gov/public/index.cfm?FuseAction=PressOffice.FloorStatements&ContentRecord_id=E496ACF5-A37F-1136-F1BE-F15D5E3D93E9):
“I understand the reasons that governed the decision to approve these interrogation methods, and I know that those who approved them and those who employed them in the interrogation of captured terrorists were admirably dedicated to protecting the American people from harm. I know they were determined to keep faith with the victims of terrorism, and prove to our enemies that the United States would pursue justice tirelessly, relentlessly and successfully, no matter how long it took. I know their responsibilities were grave and urgent, and the strain of their duty was considerable. I admire their dedication, and love of country. But I dispute that it was right to use these methods, which I do not believe were in the best interests of justice or our security or the ideals that define us and which we have sacrificed much to defend.
“I don’t believe anyone should be prosecuted for having used these techniques in the past, and I agree that the Administration should state definitively that no one will be. As one of the authors of the Military Commissions Act, which I believe prohibits waterboarding and other ‘enhanced interrogation techniques,’ we wrote into the language of the law that no one who before the enactment of the law should be prosecuted. I don’t think it’s helpful or wise to revisit that policy.”