Among a new batch of documents rights groups have forced the gov't to release, a Bureau communication refers to a presidential Executive Order endorsing some forms of torture witnessed at Iraq prison.
Repeated references in an internal FBI email suggest that the
president issued a special order to permit some of the more
objectionable torture techniques used at Abu Ghraib and other US-run
prison facilities around Iraq. The email was among a new batch of
FBI documents revealed by civil rights advocates on Monday. Other
documents describe the initiation of investigations into alleged
incidents of torture and rape at detention facilities in Iraq.
The email, which was obtained by the American Civil Liberties
Union, represents the first hard evidence directly connecting the
Abu Ghraib prison abuse scandal and the White House. The author of
the email, whose name is blanked out but whose title is described as
"On Scene Commander -- Baghdad," contains ten explicit mentions of
an "Executive Order" that the author said mandated US military
personnel to engage in extraordinary interrogation tactics.
An Executive Order is a presidential edict -- sometimes public,
sometimes secretive -- instituting special laws or instructions that
override or complement existing legislation. The White House has
officially neither admitted nor denied that the president has issued
an Executive Order pertaining to interrogation techniques.
The specific methods mentioned in the email as having been
approved by the unnamed Executive Order and witnessed by FBI agents
include sleep deprivation, placing hoods over prisoners’ heads, the
use of loud music for sensory overload, stripping detainees naked,
forcing captives to stand in so-called "stress positions," and the
employment of work dogs. One of the more horrifying tools of
intimidation, Army canines were used at the prison to terrorize
inmates, as depicted in photos taken inside Abu Ghraib.
The correspondence is dated May 22, 2004 -- a couple of weeks
after images of torture and humiliation at the prison broke in the
world media -- and was sent between FBI officials attempting to
clarify the Bureau’s position on the terminology to use when
categorizing and reporting such techniques. The author repeatedly
states those techniques were, at least temporarily, permitted under
the mysterious presidential directive. The author also wrote that
Pentagon policy had since restricted most of the techniques to
require specific authorization from the chain of command.
"As stated, there was a revision last week in the military’s
standard operating procedures based on the Executive Order," the
letter reads. "I have been told that all interrogation techniques
previously authorized by the Executive Order are still on the table
but that certain techniques can only be used if very high-level
authority is granted." The author goes on to recount having seen a
military email that said certain techniques -- including "stress
positions," the use of dogs, "sleep management," hoods, "stripping
(except for health inspection)," and blaring music -- cannot be used
without special authorization.
The author wonders if techniques that fall within the scope of
the Executive Order should be referred to as "abuse," since they are
technically legal. Unless otherwise advised by the Bureau, the email
continues, agents "will still not report the use of these techniques
as ‘abuse’ since we will not be in a position to know whether or not
the authorization for these tactics was received from the
aforementioned officials."
The author does believe that interrogation methods that involve
"physical beatings, sexual humiliation or touching" clearly
constitute "abuse," suggesting they are not within the scope of the
repeatedly referenced Executive Order.
The email says that FBI personnel operating at Abu Ghraib
witnessed but did not participate in prisoner interrogations that
involved actions approved by the Executive Order. That statement
upholds separate documentation also obtained via Freedom of
Information Act requests backed by a lawsuit on the part of the
American Civil Liberties Union and other groups.
As reported by The NewStandard, documents revealed in
October showed that FBI agents had witnessed abuses like those
mentioned in the email, in addition to many more severe actions.
The email that was revealed on Monday is the first official
document to state that the Oval Office was the source of directives
permitting abuse and torture.
After the ACLU released the documents, White House, Pentagon and
FBI officials told reporters that the author of the email was
mistaken, and that the order was not an Executive Order, but a
Defense Department directive. All sources refused to be identified
in news reports.
The White House does not appear to have ever officially denied
that President Bush issued an Executive Order specifying
interrogation techniques, though none has been made public. The ACLU
and other organizations involved in forcing the release of documents
regarding prisoner treatment at Abu Ghraib as well as prison camps
in Afghanistan and Guantánamo Bay, Cuba have demanded the White
House "confirm or deny the existence of such an order," according to
an ACLU press release issued on Monday.
Last June the president insisted that the only authorization he
has issued with regard to interrogation procedures was that American
personnel "would conform to US law and would be consistent with
international treaty obligations."
But as the unidentified FBI official noted in his email,
techniques are made legal under US law if and when the president
issues an Executive Order rendering them so.
Asked more directly less than two weeks later if President Bush
had ever approved particular prisoner handling methods, White House
spokesperson Scott McClellan responded, "In terms of interrogation
techniques related to what the military may carry out in Guantánamo
Bay or Iraq, those are determinations that are made by the military,
and we expect that those techniques fit within the policies that
this President has instituted."
The president and his legal advisors have repeatedly said that
the US government neither condones nor commits torture. The Bush
administration’s conservative definition of torture, as expressed at
a June 22 press briefing by White House Counsel Alberto Gonzales,
incorporates only acts bearing "a specific intent to inflict severe
physical or mental harm or suffering."
If White House statements are to be taken at face value, then,
they still leave considerable room for the possibility that
President Bush has authorized specific acts that civil libertarians
and international law consider torturous, including the methods
listed in the FBI email.
The United Nations Convention Against Torture, which the United
States Congress has ratified, defines "torture" far more broadly as
including "any act by which severe pain or suffering, whether
physical or mental, is intentionally inflicted on a person for such
purposes as obtaining from him or a third person information or a
confession."
Also included among the newly released documents were notices
regarding the initiation of criminal investigations pertaining to
abuse of Iraqi detainees.
One of the documents is a memo stating that the US Army’s
Criminal Investigation Division had commenced an inquiry "regarding
the alleged rape of [a] juvenile male detainee at Abu Ghraib
Prison." The name of the investigating officer or unit has been
blanked out, and no identifying information is offered pertaining to
the case.
Another document notifies Valene Caproni of the FBI’s Office of
the General Counsel, that two FBI agents who were stationed in Iraq
were to be interviewed by Army investigators looking into the
alleged torture of an Iraqi detainee. Gary Bald of the Bureau’s
Counterterrorism Division wrote the email message, in which he notes
suspicious military paperwork on a detainee whose name is redacted.
He also writes that the two FBI special agents were with the
military police unit that held the Iraqi and signed receipts
claiming to have seen him before he was transferred to Abu Ghraib
for further interrogation.
While the email states that the prisoner does not mention the FBI
in his complaint, he described his treatment in troubling detail.
"They tortured me and cuffed me in an act called the scorpion and
pouring cold water on me," the email quotes the detainee’s complaint
as saying. "They tortured me from morning until the morning of the
next day, and when I fell down from the severe torture I fell on the
barbed wires, and then they dragged me from my feet and I was
wounded and, and they punched me on my
stomach."