Showing posts with label Criminal Investigation. Show all posts
Showing posts with label Criminal Investigation. Show all posts

Saturday, August 29, 2009

U.S. Interrogators In Favor of Crminal Investigation

The article below reflects what our source, a former Intel. operative, told us and it certainly fits with common sense which, unfortunately, isn't all that common in American anymore.


Support for a wide-ranging criminal investigation into the Bush administration's use of torture has grown to include a former top FBI interrogator and a career military intelligence officer with more than two decades of experience conducting interrogations.
   
Jack Cloonan, a former FBI security and counterterrorism expert who was assigned to the agency's elite Bin Laden Unit, and Col. Steve Kleinman, a career military intelligence officer recognized as one of the Defense Department's most effective interrogators, said ignoring clear-cut evidence of interrogation-related crimes would encourage more law-breaking in the future.

Cloonan and Kleinman, who conducted interrogations of terror suspects after 9/11, disputed claims by former CIA Director Michael Hayden and Republican lawmakers that a criminal investigation would damage intelligence gathering and could lead to another 9/11-type attack on the United States.

In an interview, Cloonan and Kleinman said Hayden and the lawmakers were sounding "false alarms" in an effort to keep serious crimes from being exposed. "What this is really about is cover your ass," Cloonan said. "To suggest [intelligence gathering] will come to a screeching halt if there were an investigation is not accurate."
   

Cloonan, who retired in 2002 after more than 25 years in the FBI, said he doesn't believe an investigation would lead to a terrorist attack. Kleinman, who most recently served as a senior adviser on a director of national intelligence-commissioned study on strategic interrogation, agreed.


"I'm a professional interrogator, I have 25 years of experience in this and I don't have any concern whatsoever that an investigation into how we conducted ourselves since 9/11 would in any way undermine our ability to continue gathering intelligence," Kleinman said.


Furthermore, Kleinman and Cloonan believe many of their colleagues in the intelligence community share their views. But many are unable to speak out publicly, Kleinman said, "because to do so is almost a career ender."

Kleinman and Cloonan added that the outside contractors and the interrogators, who lacked the training and experience, are the ones who saw the use of torture as a means to gain valuable information. Moreover, they are the ones who fear an investigation.


"The people who are true professionals don't see anything wrong with an investigation," Kleinman said. "I conducted interrogations in three separate military campaigns. I can look back if they called me in tomorrow and I would not even be thinking about getting liability insurance."

 

Investigation Opposed


Ex-CIA Director Hayden had a different view. At a panel discussion on the outsourcing of intelligence last Thursday, Hayden said an investigation, "no matter how narrowly defined," would undermine counterterrorism efforts.


"Continuing looking back, continuing to pull these good people through a knothole will teach people never to play to the edge, will teach people 'yeah I got an opinion from Justice and I know the President wants me to do it and the director [of the CIA] says it's a good thing and I know I'm capable of doing it but I just don't think so.'


"We will teach timidity to a workforce we need to be vigorous and active. And no matter how narrowly defined this look back might be it'll start pulling threads, you'll have a significant number of agency folks being pulled through this process, in my mind, to no good," he said.


A day earlier, nine Republican senators sent a letter to Attorney General Eric Holder saying a criminal investigation into the CIA's interrogation practices would jeopardize the "security for all Americans" and "chill future intelligence activities."


Cloonan, Kleinman and Matthew Alexander, who was the senior interrogator for the task force in Iraq that tracked down al-Qaeda-in-Iraq leader Abu Musab al-Zarqawi in 2006, sent a letter on Friday to the chairs of the House and Senate Intelligence and Judiciary Committees calling for the creation of a bipartisan commission to "assess policy making that led to use of torture and cruelty in interrogations." ("Matthew Alexander" is a pseudonym used by the interrogator for security reasons.)


They wrote that a special counsel is an "important step forward" by reaffirming "the enduring power of our system of checks and balances."


"The prohibition on torture in this country is unequivocal," Cloonan, Alexander and Kleinman wrote. "To ignore evidence of criminal wrongdoing would incentivize future breaches of law."

However, they added that an investigation and the potential for prosecutions "of individuals who violated anti-torture statutes alone ... will not prevent policy makers from making similar mistakes in the future."
The veteran interrogators said an examination was needed into the problems created when "policy makers ignored the advice of experienced interrogators, counterterrorism experts and respected military leaders who warned that using torture and cruelty would be ineffective and counter-productive."

House Judiciary Chairman John Conyers and his counterpart in the Senate, Patrick Leahy, have advocated a truth commission to look into the use of torture and other abuses that took place during the Bush administration.


But Leahy said he would not follow through on his plan without the support of Republicans, which he does not have, and Conyers's proposal never even gained the support of key Democrats. President Obama told lawmakers in closed-door meetings earlier this year that he did not support those efforts.

 
Heavy Costs


But Kleinman, Cloonan and Alexander said a serious investigation was needed because the Bush administration's policies "came with heavy costs."


"Key allies, in some instances, refused to share needed intelligence, terrorists attacks increased worldwide, and al Qaeda and like-minded groups recruited a new generation of Jihadists," they wrote.

"A nonpartisan, independent commission with subpoena power should assess the deeply flawed policy making framework behind the decision to permit torture and cruelty. Our system of checks and balances is designed to produce sound policy decisions which advance our strategic interests and are in accordance with our core values of due process."
Kleinman said he also was "disappointed" with a Washington Post op-ed by CIA Director Leon Panetta, who urged lawmakers to "move on" from talk of investigations and to resist focusing on the past.


"Every world-class intelligence organization look at where they come from to get better," Kleinman said. "I think it's critical a lot of people say this is a witch hunt. I think they're wrong."

Cloonan and Kleinman also doubted claims, like those made by Dick Cheney, that the use of torture produced actionable intelligence, the type that helped prevent another terrorist attack on US soil and "saved hundreds of thousands of lives," to quote the former vice president.

Cloonan said he had a "long conversation" with members of the Senate Intelligence Committee after he testified before the panel last year and was told that there isn't a smoking-gun document that will show torture was effective on any of the high-value detainees who were brutally tortured.


Kleinman noted that the news media reported over the weekend that the CIA's inspector general report will show that agency interrogators conducted a mock execution, brandishing a gun and a power drill during the interrogation of at least one detainee.


"I defy anybody in the intelligence community to bring forward the research, the thoughtful objective analysis that purports to support that mock executions is a consistent and effective means of getting accurate information from people," Kleinman said. "Show me the studies that say causing a great deal of fear is consistently successful in getting useful information. 'Cause there won't be.


"What people are doing is they're just scrambling because they don't know what else to do. They're scrambling for some sort of technique and they're just using things that they think 'well that will scare me so it must scare them. It would make me talk so it must make them talk.'


"Sure, they'll talk. But they're talking because they are afraid they are going to die. And they will say anything to keep from dying."


By Jason Leopold, the editor in chief of The Public Record, www.pubrecord.org.


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Let The Sun Shine In......

Tuesday, March 3, 2009

From 9/11 Widows: An Open Letter to Senator Patrick Leahy

We could not agree more!

If the Bush crimes are to be investigated, let the investigation be done by real criminal investigators, not the infamous "whitewashers" who were involved in the 9/11 commission and, furthermore, let the investigation begin where and when the the crimes began; NYC, D.C. on 9/11/01.

A BUZZFLASH NEWS ALERT

Dear Senator Leahy,

We felt compelled to write to you regarding your recent call for the formation of a "Truth Commission." According to your press comments, this Commission is supposed to look at the following:

* the politicization of prosecution in the Justice Department
* the wiretapping of U.S. citizens
* the flawed intelligence used to justify the invasion of Iraq
* the use of torture at Guantanamo and so-called black sites abroad

These are serious allegations of criminal activity by certain members of the Bush Administration. While we applaud your initiative in looking into these matters, we feel this approach is wrong.

As the Chairman of the Senate Judiciary Committee, you already have the responsibility and legal authority to investigate matters relating to federal criminal law without having to form a special commission. You are also bound by your oath of office to support and uphold the Constitution by ensuring that those who govern also abide by the rule of law.

Furthermore, a "Truth Commission" will not fix the real problems that our country faces, nor will it guarantee that we will get to the truth. The 9/11 Commission, which you want to model your commission after, is a perfect example of that flawed process.

The 9/11 Commission was mandated to follow the facts surrounding the events of September 11, 2001 to wherever they might lead and make national security recommendations based upon those facts. Sadly, prior to even beginning their investigation, like you, the 9/11 Commissioners agreed amongst themselves that their role was to fact find, not fault find.

This decision resulted in individuals not being held accountable for their specific failures. These people were shown to be incompetent in the 9/11 Commission's Final Report but were left in their positions, or worse, promoted. No one should be allowed to make this compromise on behalf of the American people. How can any agency be deemed fixed or reformed if the people working there are inept? How can anyone feel safer?

At the 9/11 Commission hearings, little actual evidence was ever produced. Many individuals were not sworn in, critical witnesses were either not called to testify or were permitted to dictate the parameters of their own questioning, pertinent questions were omitted and there was little follow-up. Whistleblower testimony was suppressed or avoided all together. The National Security Agency, an intelligence agency that is responsible for the collection and analysis of foreign communications and foreign intelligence, was barely investigated at all.

With the narrative of the 9/11 Commission's final report predetermined and with the preexisting intention to never hold anyone accountable in place, the 9/11 Commission was doomed to fail as a real investigation. The end result of the 9/11 Commission's work was that some of the recommendations that they produced were in fact, based on distortions and omissions. Since their mandate of a complete accounting was ignored, the recommendations were incomplete at best.

There was clearly no desire on the part of Congress to force the Commission to meet its legislative mandate. Accordingly, there were no repercussions for the fact that the investigation and its recommendations were incomplete. It could be surmised that holding no one accountable was more important than uncovering and disclosing the truth. This could compromise the future safety of American citizens. Why then would you want to model another Commission after it? Why would you want another Commission at all?

Senator Leahy, in light of the fact that the 9/11 Commission's worst offense was not fully investigating the September 11th attacks, completing that investigation should also be included on your list of matters to be examined.

America's founding fathers, prescient in their fears of unrestrained power, created three separate but equal branches of government. They had hoped to maintain and enforce the limits of the Executive Branch.

The Bush Administration was allowed to circumvent too many Constitutional restrictions effectively undermining America's system of justice, our nation's integrity and commitment to the rule of law. The Bush Administration's seizing of power proves the adage that "absolute power corrupts absolutely."

The days of no fault government must end; and where there is clear criminal activity, people must be prosecuted. The law must be upheld without exception before we can be assured of the safety of the nation. These duties cannot be ignored for the sake of expediency.

Senator Leahy, our nation needs you to investigate and, if warranted, refer the cases for criminal prosecution in transparent trials. We do not need another meaningless commission resulting in no accountability at the taxpayers' expense. Show all Americans that you have the courage to uphold the law, bring accountability to those who abuse their positions of power and prevent such abuses from happening again.

The November 2008 elections proved that Americans want the rule of law restored for those in Washington who are elected to represent us. You, Senator Leahy, are in the position to lead the way and work toward the change we were promised.

Sincerely,

September 11th Advocates
Patty Casazza
Monica Gabrielle
Mindy Kleinberg
Lorie Van Auken


Let The Sun Shine In......

Saturday, February 28, 2009

Leahy Announces List of Witnesses For 'Truth Commission' Hearing






Friday, 27 February 2009 12:07

By Jason Leopold

Senate Judiciary Chairman Patrick Leahy released the list of three witnesses who will testify at a hearing next week on forming a "truth commission" to investigate controversial Bush administration policies, such as torture and domestic surveillance.

Thomas Pickering served as Under Secretary of State from 1997-2000, and served as Ambassador to the United Nations for President George H.W. Bush. He holds the personal rank of Career Ambassador, the highest in the United States Foreign Service. Pickering is a member of the International Institute of Strategic Studies and the Council on Foreign Relations.

Retired Vice Admiral Lee Gunn served in the military for 35 years. He was Inspector General of the Navy, and on the board of the American Security Project. Gunn has been outspoken about his opposition to detention and interrogation policies that have permitted torture.

John Farmer served as a senior counsel and team leader for the 9/11 Commission. Farmer is a former State Attorney General for New Jersey. Through his work with the Constitution Project, Farmer has expressed support for an independent commission to examine Bush administration detainee and interrogation policies and practices.

In a floor statement on Wednesday, Leahy said his March 4 hearing, “Getting to the Truth Through a Nonpartisan Commission of Inquiry," would examine the best way for an independent panel to probe how Bush exercised his “national security and executive power as related to counter-terrorism efforts.”

“The past can be prologue unless we set things right,” the Vermont Democrat said. “The last administration justified torture, presided over the abuses at Abu Ghraib, destroyed tapes of harsh interrogations, and conducted ‘extraordinary renditions’ that sent people to countries that permit torture during interrogations.

“The last administration used the Justice Department – our premier law enforcement agency – to subvert the intent of congressional statutes. They wrote secret law to give themselves legal cover for these misguided policies, policies that could not withstand scrutiny if brought to light.”

On the same day, Speaker of the House Nancy Pelosi, in an interview with Rachel Maddow on her MSNBC program Wednesday, called Leahy's investigative plan “a good idea,” but objected to an immunity proposal by Leahy that could prevent prosecutors from holding Bush administration officials accountable for crimes in a court of law.

Pelosi, who refused to hold impeachment hearings when George W. Bush was President, signaled that she now prefers a proposal by House Judiciary Committee Chairman John Conyers, who wants a “blue-ribbon panel” to probe the Bush administration but seeks a special prosecutor, too.

Pelosi also said that when she was on the House Intelligence Committee during Bush's first term she was briefed about the CIA's "enhanced interrogation" techniques but only in the "abstract." She said she was never told the agency's interrogators intended to use such methods.

Though Leahy has argued that a “truth commission” is the best way to expose the dark underbelly of Bush’s policies, other civil liberties experts say accountability requires bringing to justice perpetrators of serious crimes, no matter how high their government positions.

On Tuesday, David Swanson of afterdowningstreet.org circulated a petition demanding Attorney General Eric Holder appoint a special prosecutor to launch a criminal investigation into the Bush administration’s actions.

After Leahy’s Senate comments, the American Civil Liberties Union weighed in, urging both a special prosecutor and a congressional select committee.

"Both the Obama administration and Congress have an obligation to conduct investigations in order to achieve accountability and to ensure these egregious errors will not happen again,” said Caroline Fredrickson, director of the ACLU Washington Legislative Office. “In order for America to move forward and put torture and abuse behind us, we must know how our nation was led astray.”

A Gallup poll, released this month, found a plurality favoring a criminal probe – and a strong majority supporting some additional fact-finding. For instance, on torture, 38 percent favored a criminal investigation while 24 percent favored an inquiry by an independent panel. Thirty-four percent of those polled said they did not support additional investigation of Bush’s policies.

The poll results undercut claims of many Republicans and some Democrats that the public lacks the appetite to look into Bush administration abuses.



Let The Sun Shine In......