Showing posts with label Dick Cheney. Show all posts
Showing posts with label Dick Cheney. Show all posts

Tuesday, June 1, 2010

Cries From the Past: Torture's Ugly Echoes

Originally posted at Truthout
Written by H.P. Albarelli and Jeffrey Kaye

In a superb op-ed, written by Leonard S. Rubenstein and Stephen N. Xenakis, published recently in the New York Times (Doctors Without Morals, March 1, 2010, p. A23), the issue of holding physicians and psychologists accountable for their ethical breaches in participating in the conduct of torture is expertly raised, along with a well-needed call for investigations into such violations and violators. Rubenstein and Xenakis wrote: "[Despite overwhelming evidence] no agency - not the Pentagon, the CIA, state licensing boards or professional medical societies - has initiated any action to investigate, much less discipline, these individuals. They have ignored the gross and appalling violations by medical personnel. This is an unconscionable disservice to the thousands of ethical doctors and psychologists in the country's service. It is not too late to begin investigations. They should start now."

Rubenstein and Xenakis are absolutely correct in their call for action now, as they are in their accounting of what has gone on historically the past ten years with torture at Guantanamo and elsewhere. However, their op-ed says nothing about the decades preceding the terrible events of 9-11. An examination of these well-hidden, past torture activities might serve well in shedding light on the causes for reluctance and inaction in holding torturers and their professional cohorts responsible.

Operation Dormouse

Contemporary torture's earliest, deepest and most influential roots are found in the CIA's Artichoke Project. Indeed, it is Project Artichoke that encapsulates the CIA's real traveling road show of horrors and atrocities, not MK/ULTRA which, although responsible for its own acts of mindless cruelty, pales in comparison.

That MK/ULTRA received, and continues to receive, the lion's share of the media's attention and public outrage over CIA mind control programs was a deliberately planned outcome on the part of the Agency. This outcome was the central objective of a never before revealed covert operation launched in 1975 and informally code-named Dormouse.

Dormouse, operated out of the CIA's Security Research branch, had its genesis in the 1975 Rockefeller Commission report and in the subsequent Congressional hearings into CIA illegal activities chaired by Senators Frank Church and Teddy Kennedy. Following the initial revelation of Frank Olson's alleged "suicide" by the Rockefeller Commission, a number of high-level meetings occurred between President Gerald Ford's White House and CIA General Counsel Lawrence Houston.

Houston, who had served the Agency as its doyen general counsel for over 25 years, secretly huddled on at least two occasions in June 1975 with Ford's chief of staff, Donald Rumsfeld, and his chief assistant, Richard Cheney. Houston impressed upon both men that any prolonged and intense media scrutiny of Project Artichoke would lead to opening a Pandora's box of legal, institutional, international and public relations problems that could destroy the CIA.

Houston explained that the Agency's MK/ULTRA program was far less problematic for the CIA because it had been a research-based program that initiated 153 contracts to colleges, universities and research institutions nationwide. These contractors, all stalwart and prestigious institutions like Harvard, Columbia, and Tulane Universities, could serve as viable buffers to any harsh outside attacks.

Houston stressed that deliberate exposure of the MK/ULTRA program by essentially offering it to the press would serve to placate the brewing feeding frenzy over so-called mind control projects, and would divert any investigative attempts into the multi-faceted Artichoke Project.

Houston additionally explained to Rumsfeld and Cheney that, along with the release of MK/ULTRA details to the media, the names of a few former CIA employees, such as Dr. Sidney Gottlieb, would also be released to the press. Incredibly, when the subject of possible federal prosecutions of CIA officials for capital crimes and felonies, such as murder and drug trafficking, came up in their discussion, Houston informed Rumsfeld and Cheney that there was little cause for concern.

Explained the Agency's General Counsel, since early 1954, following the death of Army biochemist Frank Olson, a secret agreement between the CIA and the U.S. Department of Justice had been put in place whereby the violation of "criminal statutes" by CIA personnel would not result in Department of Justice prosecutions, if "highly classified and complex covert operations" were threatened with exposure. The agreement had been struck between Houston and Deputy Attorney General William P. Rogers in February 1954, not long after Frank Olson's death, and still remained solidly in place.

Lastly, and worth noting here, was a brief adjunct discussion between Houston, Rumsfeld, and Cheney regarding related concerns about records on former Nazi scientists who had been secretly imported into the United States in the early Fifties by the State Department and Army, as part of Project Paperclip. These German scientists performed highly-classified research at the Army's Fort Detrick and Edgewood Arsenal, Maryland, some of which involved field operations in Europe.

Without doubt, as the extant record clearly reveals, the CIA's Dormouse Operation, as expressed by Houston, was remarkably effective. Information released on the Agency's MK/ULTRA program more than sated the media's curiosity for mind control details, and even a few random Artichoke Program citations in a couple released documents failed to draw any concerted examination by anyone in the press. For example: documents revealing that Dr. Frank Olson had been part of the CIA's ongoing "Artichoke Conference" were near completely overlooked. Within a few short months, Artichoke was widely believed by the media and public to be but a small, innocuous project that had been replaced by the MK/ULTRA behemoth. Still today, numerous publications state that Artichoke was absorbed and replaced by MK/ULTRA, when actually Artichoke operated independently for nearly 17 years beyond the dawn of MK/ULTRA.

What Was Project Artichoke?

The CIA initiated Project Artichoke in August 1951 at the direction of CIA director Walter Bedell Smith and the Agency's Scientific Intelligence Director, Dr. H. Marshall Chadwell. The code name "Artichoke" was selected with sardonic humor from the street appendage given to New York City gangster Ciro Terranova, who was referred to as "the Artichoke King."

Following a brief period of bureaucratic infighting over which CIA department would have jurisdiction over Artichoke, it was decided that the project would be overseen by the Agency's Security Research Staff, headed by Paul F. Gaynor, a former Army Brigadier General, who had extensive experience in wartime interrogations.

Gaynor was notorious among CIA officials for having his staff maintain a systematic file on every homosexual, and suspected homosexual, among the ranks of Federal employees, as well as those who worked and served on Washington's Capitol Hill. Gaynor's secret listing eventually grew to include the names of employees and elected officials at State government levels, and the siblings and relatives of those on Capitol Hill.

In early January 1953, State Department employee John C. Montgomery, who handled considerable classified material, hanged himself in his Georgetown townhouse after learning of his addition to Gaynor's list. In 1954, U.S. Senator Lester C. Hunt (D-WY) killed himself in his senate office after he was threatened by Republicans, using information provided by Gaynor's staff, to publicly expose his son's homosexuality. By the early 1960s, according to one former Agency employee, "It was pretty much routine to consult Gaynor's 'fag file' when conducting background or clearance checks on individuals."

Gaynor's veiled and more despicable activities also extended to racist matters, a fixation he seemed to share with many of the CIA's early leaders, as well as with some of the Pentagon's early ranking officials. According to one former CIA official, Gaynor was once informally cautioned by Allen Dulles concerning his overt support of former Congressman Hamilton Fish III, a strident Nazi sympathizer, and for associating, along with fellow CIA official Morse Allen, with John B. Trevor Jr., an ardent racist, anti-Semite, pro-Nazi, who called for amnesty for Nazi war criminals. Before the CIA was formed, Gaynor was also associated with Trevor's father, John B. Trevor Sr., a Harvard-educated attorney who worked with Army intelligence and who once strongly advocated arming a group of citizens with 6,000 rifles and machine guns to put down an anticipated Jewish uprising in Manhattan that only took shape in Trevor's twisted mind.

In 1997, former CIA Technical Services chief, Dr. Sidney Gottlieb, who had been born into a Jewish family, said, "Throughout the 1950s, and for some time beyond, the Agency was less than a welcoming place for Jews and racial minorities. Those who were actually ever hired or involved in operations learned rather quickly to keep their heads down when certain matters were discussed or rallied round."

Here it should be emphasized that inevitably lurking within, near, and around all of the CIA's early mind-control experiments was a strong element of racism that generally manifested itself through the Agency's principle objective of establishing control over the perceived "weaker" and "less intelligent" segments of society. That the CIA's initial mind control activities show a close kinship with many prominent characters within the racist and anti-immigration eugenics movement is no coincidence. Thus comprised was the central leadership of the CIA's Project Artichoke.

Here it is important to note that the Artichoke Project originated from the CIA's short-lived Project Bluebird, which operated for about two years, 1949 through summer 1951, and concentrated its efforts on former American POWs returned from the Korean War. These servicemen were placed in several Army hospitals, including Valley Forge Hospital, Pennsylvania and the Walter Reed facility in Washington, D.C. There the former POWs were subjected to various behavioral modification programs, including the use of experimental drugs, special interrogation methods, all for what the CIA deemed "offensive objectives." Joining the CIA in Project Bluebird was the Army, Navy, and Air Force (the FBI declined to participate in the project).

Reads one April 1951 Bluebird Project report: "The Navy's research efforts in regards to Bluebird objectives had actually begun in 1947 at Bethesda Naval Hospital. There, according to the Navy's Bluebird designees, J.H. Alberti and Lt. Cmdr. Hardenburg, extensive experiments had been conducted using both drugs and medical aids (polygraph machines, surgical means, hypnotism). Besides Bethesda hospital, the Office of Naval Research conducted a project in partnership with the University of Indiana which in essence [was] a search for valid indications of deception other than the mechanical indicators now being used."

CIA interest in exotic and abusive methods of detecting deception continues to the present day. In July 2003, the CIA, the Rand Corporation and the American Psychological Association conducted a series of workshops on detecting deception. One of these workshops considered the use of truth drugs ("pharmacological agents are known to affect apparent truth-telling behavior") and the use of sensory overloads. The workshop asked its classified participants, "How might we overload the system or overwhelm the senses and see how it affects deceptive behaviors?"

Perhaps one of the best examples of this was the treatment of "enemy combatant" Jose Padilla, who by the time he entered a U.S. courtroom had suffered tremendously, and irreversibly, from the abuses of deliberately induced sensory and systems overload.

In early summer of 1951, just weeks before Bluebird was renamed Artichoke, officials within the CIA's Security Office - working in tandem with cleared scientists from Camp Detrick's Special Operations Division, who in turn worked closely with a select group of scientists from a number of other Army installations, including Edgewood Arsenal - began a series of ultra-secret experiments with LSD, mescaline, peyote, and a synthesized substance, sometimes nicknamed "Smasher," which combined an "LSD-like drug with pharmaceutical amphetamines and other enhancers."

This substance was used in a number of highly classified field experiments, at least four of which were conducted outside the United States. While details of these experiments are sketchy, former Fort Detrick biochemists report, "None of the field experiments produced the type of results desired," and as a result, "ranking Army Chemical Corps officials elected to focus LSD and other drug experiments on more narrowly defined groups, as well as individuals." Chief among the field experiments that failed in the "desired results" category were the horrifying events that took place in Pont St. Esprit, France in 1951. There in a small, peaceful village one early summer morning nearly 700 people went stark raving mad with 4 people killing themselves. (This incident is detailed in my book, "A TERRIBLE MISTAKE: The Murder of Frank Olson and the CIA's Secret Cold War Experiments") This experimental focus remained in place when Project Artichoke was initiated.

At its inception, the Artichoke Project needed a steady supply of experimental subjects. Wrote CIA Security Research chief Paul Gaynor in a never before revealed February 1953 memo: "It is imperative that we move forward more aggressively on identifying and securing a reliable, ready group, or groups, of human research subjects for ongoing Artichoke experimentation. There can be no delays in this extremely important work."

Other CIA reports reveal that the CIA's Security Research Staff was not sitting idly by while awaiting the securing of ready groups of human subjects. Teams of Agency officials and contract physicians were traveling frequently to locations in Europe where, in the isolation of CIA safe houses, enhanced interrogations and behavior modification experiments were being conducted on various defectors, double-agents, and kidnapped foreign agents.

Reads a November 1956 Artichoke report that could have easily been written today at Guantanamo, Cuba: "The team physician administered a suppository containing a small amount of heroin to the subject so as to increase subject's pain threshold." The physician referred to in this report, a well-known Washington, D.C. psychologist, made over 90 Artichoke-related trips abroad.

In September 1953, Artichoke Project director Morse Allen, a former Naval intelligence officer and State Department employee, hand-carried a two-page memorandum to Paul Gaynor. The memo bears the subject: "Artichoke Research Program." It reads in part: "[T]here are some four thousand (4,000) American military men who are serving court martial sentences in the federal prisons at the present time. These men are scattered through the federal institutions according to their age - some being at reformatories, others at prisons. It is administratively possible that the sentences of these men can be reduced by direction of the Adjutant General's office. Therefore, if these men should be wanted for work on a dangerous research project, it might be possible to motivate their interest by promising that recommendations would be made to the Adjutant General's office to have their sentences appropriately reduced if they co-operated in the experimentation. Also many offenses of military men were committed in circumstances which might tend to lessen the feeling of guilt on the part of the individual and such cases might reveal interesting information."

Allen next suggested that federal prisons "that have hospital setups with doctors on the permanent staff" be used for experiments. Wrote Allen, "Such things as the size of the institution and current population would have to be considered but it is a fact that the federal prisons are not overcrowded as is the case with many state prisons, thus it would be much easier to obtain working space in a federal institution." Artichoke teams secretly working in the prisons could be passed off as "coming from nearby universities or research institutions," explained Allen. About a week later, Allen amended his September memo to include "federal hospitals and institutions under the control of the [U.S.] Public Health Service."

Wrote Allen, "There are a large number of USPHS-controlled facilities that can be used for experiments, these in addition to the facilities recommended in the earlier memorandum bearing the same subject."

Gaynor promptly approved Allen's recommendations, ordering their immediate implementation. Within a few weeks, progress reports concerning the conduct of experiments at three federal prisons, as well as a reformatory in Bordentown, New Jersey, were submitted to Gaynor. Experiments were also conducted at St. Elizabeth's Hospital in Washington, D.C., a Veterans Administration hospital in Detroit, Michigan, and at the Federal Narcotics Farm in Lexington, Kentucky. Experiments at the Narcotics Farm, somewhat romanticized in some current publications, were specifically targeted at African-American inmates, who were considered by the program's director to be inferior to white inmates at the facility.

When the newly created U.S. Department of Health, Education, and Welfare (HEW) was created just weeks later with Nelson A. Rockefeller as Under-Secretary, the CIA found it remarkably easy to gain HEW's approval for use of Federal medical facilities as fronts for covert drug and interrogation experiments using unwitting human subjects. Inevitably, nearly all those unwitting experimental subjects chosen for HEW-sponsored projects were African-Americans and persons from immigrant groups and what one Agency document referred to as the "lower classes."

A central Artichoke objective, according to one CIA document, centered on: "The problem exists of ascertaining whether effective and practical techniques exist, or could be developed, which could be utilized to render an individual subservient to an imposed will or control, thereby posing a potential threat to National Security." [Italics added]

The same document explained that the Agency also wanted to put the same techniques to their own effective uses in the field offensively. Reads the document: "We need to also explore the 'subtle' means of making an individual say or do things he would normally not consider through the use of covertly administered drugs, 'Black Psychiatry'*, hypnosis, and brain damaging processes. Dr. Chadwell feels these processes may be tried but they are 'elaborate, impractical and unnecessary.'"[Italics added. Dr. Chadwell was H. Marshall Chadwell, the CIA's director of Scientific Intelligence.]

A subsequent April 1954 Artichoke Conference meeting, attended by Frank Olson's Fort Detrick superior, Col. Vincent Ruwet, explored the real nitty-gritty of Artichoke experimentation. Noted a CIA report on the meeting, "It was also recognized [by conference participants] that if Morse Allen and his group could produce bodies and if certain very rough, primitive, and ultimate tests could be carried out then a more accurate prediction could be made in connection with the ultimate goal of the group which is the running of selected foreign nationals back into Europe for specific work for this Agency."

CIA Security Research chief Paul Gaynor, attending the same Artichoke Conference meeting, reminded the gathered Agency and Fort Detrick officials, "All individuals can be broken under mental and physical assaults and by such techniques as denying sleep, exhaustion, persuasion, starvation, pain, humiliation, and sickness."

Added Gaynor, "The capacity to endure assaults of all kinds varies in individuals. We need to teach the Artichoke techniques to medical officers in the field... we also need to combine these techniques with the work carried on at Edgewood Arsenal and at Camp Dietrich [sic] ...and the special use of ergots, as well as Lysergic Acid. Experiments with new ideas, for example the hypo-spray instrument (owned by the E.R. Squibb Company) using criminals and the criminally insane, have been very successful."

An italicized and revealing note at the end of the Artichoke meeting report reads: "Morse Allen and Paul Gaynor emphasized the fact that this type of work must not be overwhelmed and overburdened in a maze of statistics, technical reports and learned academic experimentation since previous experiences along these lines clearly indicate that when this appears the end results are almost always negative." Reportedly, much of these very same statements and thinking are contained in a number of the training manuals used today by CIA and Army interrogators.

Project Artichoke Operational Overseas

Beginning in January 1954, following a series of experimental field assignments, the CIA began to systematically dispatch special assignment Artichoke Teams from the U.S. to locations throughout Europe, Japan, Southeast Asia, and the Philippines. Team assignments were given by special "EYES ONLY" cables with each assigned a tracking number. By 1961 the numbers had reached as high as 257 specific assignments. Nearly all of these assignments would fall under today's definition of "enhanced interrogations."

Through a number of Project Artichoke documents, obtained through the Freedom of Information Act, we are able to obtain glimpses into those activities and techniques employed by the dispatched teams, which appear to have been at least a dozen in number.

A February 6, 1954 team report, delivered to CIA headquarters by "Diplomatic Courier," provides partial insight into one seemingly unique Artichoke field assignment in Europe. The report states: "These two subjects [foreign agents] are disposal problems, one because of his lack of ability to carry out a mission and the other because he cannot get along with the chief agent of the project. Both have extensive information concerning (other) assets and thus are security risks wherever they are disposed of. Anything that can be done in the Artichoke field to lessen the security risk will be helpful since the men must be disposed of even at maximum security risk. The urgency of consideration of this case is due to the fact that one of the men is already somewhat stir crazy and has tried to escape twice."

Another field report reads: "Subject was given a sedative suppository to increase his resistance to pain, this in order to intensify his ordeal midway through the planned session." Another reads in part: "This A [Artichoke] session involved four subjects all of whom present serious disposal problems after results are produced."

Domestic Artichoke Operations

In February 1954, with over 65 Artichoke Team visits to sites in Europe and the Far East having already occurred, Paul Gaynor decided to open a new Artichoke Project front. This front would be located within America's borders despite the fact that many people in the nation's capital believed that the CIA's founding charter forbade the organization from conducting domestic operations. In numerous ways, this new front gave initial shape and direction for the CIA's still-to-come "rendition" activities that we witness today.

Gaynor outlined this in a memo sent to the Agency's Technical Services Division, explaining that Artichoke officials were about to embark on creating "a mechanism within the United States which will be a ways and means of contacting alien citizens in the United States" whereby they could be "branded as alien threats and removed from the United States as 'undesirable aliens.'" The objective of establishing this mechanism was to facilitate "legal entree" for the contacted aliens so that they might, following careful "screening and testing," conduct covert missions in targeted foreign countries.

Gaynor's memo continued, stating the best technique for "contacting these people" was through the use of "sympathetic fake left-wing organizations" secretly established by the CIA. Remarkably, the memo went on stating the best process established by Artichoke officials for identifying those aliens to use involved "selection, screening, indoctrination and ultimately hypnosis." However, states the memo, "the sixty-four dollar question is can individuals be commanded under hypnosis to do things they would not otherwise do because of morals, training, ethics, etc."

Earlier, in March 1952, Security Research officials along with CIA Scientific Intelligence Branch researchers had made a concerted decision to pursue hypnotism toward the principle objective that, "Two hundred trained [CIA] operators, trained in the United States, could develop [and command] a unique, dangerous army of hypnotically controlled agents" who would carry out any instructions they were given without reservations. Several years later, CIA officials would describe the abilities of this "unique, dangerous army" as "mildly hair-raising."

Artichoke Evolves into Assassination Project

Perhaps it was inevitable that Project Artichoke would eventually develop an "executive action" or assassination component. The CIA had been seriously contemplating such a capacity since its founding. In 1952, one Artichoke official wrote: "Let's get into the technology of assassination, figure most effective ways to kill - like Empress Agrippina - do you want your people to be able to get out of the room? Do you want it traced?"

Other hard evidence of the CIA's leanings toward assassination as a feature of policy and operations is yet another memorandum by the Agency's Security Office and Artichoke official Morse Allen. Wrote Allen about Martin Luther King in 1965: "It is [redacted]'s belief that somehow or other Martin Luther King must be removed from the leadership of the Negro movement, and his removal must come from within and not from without. [Redacted] feels that somehow in the Negro movement, at the top, there must be a Negro leader who is 'clean' who could step into the vacuum and chaos if Martin Luther King were exposed or assassinated."

Rewriting History and Creating Disinformation

In recent years there has been a concerted effort on the part of some groups and writers to deliberately disown and downplay the horrors of Project Artichoke. Perhaps the finest recent example of this is an article written by Charles S. Viar of the Washington, D.C.-based Center for Intelligence Studies, a private group. Viar's article entitled PANDORA'S BOX: MKULTRA and the Weaponization of the Human Psyche is posted on the center's web site.

Viar, who claims to have been a student of James Jesus Angleton in 1986 and 1987, and an expert on intelligence affairs, erroneously claims in his article that the Artichoke Project and its techniques had been "developed and successfully refined by the Soviets, Nazi, and Western intelligence services between 1920 and 1973." This rewriting of history appears as nothing short of an amazing effort to distort the truth; as is well established by the CIA's own records, the term Artichoke was never applied to any program or techniques prior to 1952, when the Agency first employed the project codename.

Viar also appears to buy into and promote the cover story invented by Cheney and Rumsfeld in 1975 that Project Artichoke was, in 1953, replaced by MK/ULTRA. Additionally, he buys into the "unwitting" dosing of Frank Olson as "part of an MKULTRA experiment," this despite that Olson was a member of the CIA's Artichoke Conference and never worked with MK/ULTRA projects. Viar then remarkably writes, "There is no evidence that either the CIA or the US military operationalized Artichoke," a statement that is shattered to pieces by the numerous Artichoke operational reports and records filed by both the CIA and army from 1954 through to at least 1970. If this is not enough, Viar then states that it was "the Soviets" who "shared Artichoke with their Arab allies," and then equates Project Artichoke to "suicide bombers" and "Al Qaeda." Lastly, Viar also writes that the CIA's delving into parapsychology matters is near completely overlooked by historians, despite the ample writings and exposure of the Agency's MK/ULTRA subprojects, which extensively dealt with ESP and other parapsychology matters.

Project Artichoke Today

With today's media reports concerning the CIA and Department of Defense black sites cropping up all over the world map, and with horrifying reports concerning alleged "suicides" at US-operated compounds holding "enemy combatants" that make Frank Olson's suicide-turned-murder case look like a stroll through atrocity park, readers should be ever mindful that the roots of the CIA's secret mind control and enhanced interrogation programs are firmly planted in the soil of Project Artichoke.

Over the past months, new secret black sites prisons have been discovered at Guantanamo Naval Base and at Bagram Air Field in Afghanistan. The Guantanamo site has been linked to the deaths of three prisoners in 2006, while Bagram secret prison, said to be run by the Defense Intelligence Agency, has been the subject of investigations by the New York Times, Washington Post, and BBC, exposing widespread use of beatings, isolation, sleep deprivation, and other techniques derived from Appendix M of the 2006 Army Field Manual. This portion of the manual outlines abusive forms of interrogation reserved only for captives that supposedly don't warrant prisoner-of-war status.

Interest in the use of drugs and mind control techniques in military research and operations persists to the present day. A November 2006 instruction from the Secretary of the Navy (3900.39D) informs that the Undersecretary for the Navy would heretofore be the "Approval Authority for research involving: (a) Severe or unusual intrusions, either physical or psychological, on human subjects (such as consciousness-altering drugs or mind-control techniques)."**

A public presentation of the new policy at the Defense Department Training Day in Washington, D.C. on November 14, 2006, only 16 days after the new policy was released, deleted the parenthetical remarks on drugs and "mind control," but left intact the instruction two paragraphs later that the Undersecretary also be responsible for research of, "Potentially or inherently controversial topics (such as those likely to attract significant media coverage or that might invite challenge by interest groups.)"

Like a modern day Ministry of Truth, U.S. government agencies and their partners are busy trying to erase the evidence of their crimes, whether from sixty years ago, or six. Most recently, the American Psychological Association (APA) has changed the web pages that describe their 2003 workshop conducted with the CIA and the Rand Corporation on deception. One webpage has dropped the link to another page that described the workshops investigation of sensory overload and truth drugs. The descriptive page on workshops has been scrubbed entirely, and is only available through the use of web archives sites. Worth noting is that throughout the 1950s and 1960s the APA worked quite closely with both the CIA and Army on mind control projects, many of which completely crossed ethical lines, as well as the APA's Code of Ethics, into areas described by many observers as sheer madness.

Attempts to prevent judicial review of the rendition and torture programs are moreover an official position of President Obama's administration. On May 12, the administration filed a brief to the Supreme Court about whether to hear an appeal from Maher Arar in his lawsuit against former Attorney General Ashcroft and other Bush administration figures. Arar was kidnapped from New York's JFK Airport and rendered secretly to Syria, where he was tortured for almost a year. His suit was dismissed by a federal circuit appeals court. Now, President Obama's Acting Solicitor General, Neal Katyal, has pronounced the administration's position that further deliberations on Mr. Arar's suit are "unwarranted." The former Solicitor General, Elena Kagan, who was involved in U.S. decision-making on the case, is now a nominee for the Supreme Court.

Finally, the release last year of the CIA's 2004 Inspector General report on the "enhanced interrogation" program revealed an operation that with its use of doctors as control agents, its reliance on methods of psychological and physiological torture, and the experimental nature of the program, led Physicians for Human Rights to release a white paper that concluded that "possible human experimentation" was taking place, and emphasized the urgent need for a thorough investigation.

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*According to one former CIA official: "'Black Psychiatry' refers to psychiatric methods used by trained and licensed physicians on subjects. These methods may not be in the best interest of the subject's mental well-being and health." The same official remarked, "There was no shortage of or problems recruiting psychologists in the 1950s and 1960s who would willfully, and sometimes enthusiastically, practice 'Black Psychiatry.'" The various methods of 'Black Psychiatry' were provided in a training setting in the 1950s through to at least the 1970s at the CIA's Butler Health Center facility in Rhode Island, where many physicians, including Dr. Robert Hyde, worked for the Agency. The Butler Center also served as the CIA's central site for exposing its own officials and agents to the effects of LSD and other drugs.

** Recent reports concerning the CIA and Army have both organizations experimenting on a selected basis with a new mind altering drug whose effects are described as "incredibly mind altering yet at the same time allowing subjects to adhere to a sufficient sense of sanity thus allowing better opportunity for truth inducing techniques..." The drug, described by one former intelligence official as "ETX," is said to last for "about 48-hours."

H.P. Albarelli Jr. is the author of "A TERRIBLE MISTAKE: The Murder of Frank Olson and the CIA's Secret Cold War Experiments." He has written numerous newspaper and magazine articles on biological warfare and intelligence affairs. He can be contacted through his Web site: www.albarelli.net.

Tuesday, April 20, 2010

Andy Worthington Kicks Off "Guantánamo Habeas Week"

Andy Worthington, who has conscientiously and effectively documented the fates of hundreds of prisoners held at the U.S. prison at Guantanamo (see his book The Guantanamo Files), has posted a "Habeas Corpus Scorecard" at his website.

Surely it is a scandal that the government has been shown not to have a reason to hold 34 of the 47 Guantánamo cases brought before Federal judges with habeas petitions. In other words, the courts have refused to accept the U.S. government's claim that these people are dangerous, the "worst of the worst," in almost three-quarters of the cases that have come before them. As Worthington describes it, the explanation for this incredible statistic lies in the flimsiness of the cases. And even more:

Primarily, the judges have exposed that the government has been relying, to an extraordinary extent, on confessions extracted through the torture or coercion of the prisoners themselves, or through the torture, coercion or bribery of other prisoners, either in Guantánamo, the CIA’s secret prisons, or proxy prisons run on behalf of the CIA in other countries.

This week, Worthington plans to dedicate his postings to covering these 47 cases decided to date, in what he calls "Guantánamo Habeas Week". His first entry in the series considers the case of Yasin Qasem Muhammad Ismail, a Yemeni who was captured (or sold to U.S. forces) in Afghanistan in 2001. He was either 19 or 22 at the time (as his age is uncertain). There is plausible evidence, from his testimony and witnesses, that Ismail, a small-time jihadist at best (despite claims from the government that he was "Emir" of the Bagram front), was tortured at Guantanamo. Despite that, his habeas petition was denied by Judge Henry H. Kennedy, Jr. of the U.S. District Court, Washington, DC. His unclassified opinion in the case has not yet been released.

Worthington writes of the plight of prisoners like Ismail:

If anything, Ismail — and other prisoners who have lost their habeas petitions, like Ghaleb al-Bihani, who served as a cook for Arab forces supporting the Taliban — should have been held as prisoners of war and protected from ill-treatment according to the Geneva Conventions. On this basis, they could be held until the end of hostilities, and we would now be arguing about whether it is conceivable that an invasion to overthrow the Taliban, which began eight and a half years ago, and which met its immediate aims, leading to the fall of the Taliban as Afghanistan’s government and the election of Hamid Karzai as the Afghan President, is legitimately part of a “War on Terror” that might last forever, and that, as a result, even the most minor players in that initial conflict can be detained indefinitely.

As it stands, however, Yasin Ismail — a man who, by all accounts, never took up arms against anyone — remains imprisoned in Guantánamo on an apparently legal basis, and those of us who regard his continued detention as an overreaction, to put it mildly, must also reflect on the fact that, far from being treated humanely for the last eight years, he has been subjected to physical abuse and sexual humiliation for no justifiable reason, but that this is considered irrelevant to the case against him.

This kind of injustice is even more galling in the light, as Worthington points out, of revelations in a sworn statement by Colonel Lawrence Wilkerson, former Chief of Staff to Secretary of State Colin Powell, that the vast majority of the prisoners at Guantanamo were not dangerous at all. In fact, they were never even properly vetted, but sucked up by U.S. forces for political reasons, and neither Bush, nor Cheney, nor Rumsfeld cared a whit about the innocence of any of these people. Wilkerson says former Vice President Cheney, for instance, "had absolutely no concern that the vast majority of Guantánamo detainees were innocent, or that there was a lack of any useable evidence for the great majority of them."

From Mr. Wilkerson's filing (PDF):

With respect to the assertions by Mr. Hamad that he was wrongfully seized and detained, it became apparent to me as early as August 2002, and probably earlier to other State Department personnel who were focused on these issues, that many of the prisoners detained at Guantánamo had been taken into custody without regard to whether they were truly enemy combatants, or in fact whether many of them were enemies at all. I soon realized from my conversations with military colleagues as well as foreign service officers in the field that many of the detainees were, in fact, victims of incompetent battlefield vetting. There was no meaningful way to determine whether they were terrorists, Taliban, or simply innocent civilians picked up on a very confused battlefield or in the territory of another state such as Pakistan....

It was clear to me that, as I learned about how the majority of the Guantánamo prisoners had been detained, the initial group of 742 detainees had not been detained under the processes I was used to as a military officer. It was also becoming more and more clear that many of the men were innocent, or at a minimum their guilt was impossible to determine let alone prove in any court of law, civilian or military. If there were any evidence, the chain protecting it had been completely ignored.

So it comes as no surprise that the majority of the habeas cases have been granted by the courts. Yet still, many of these prisoners formally freed remain in Guantanamo, and others, unable to obtain a lawyer, or too depressed or ignorant to defend themselves, remain in the limbo of indefinite detention, while the Obama administration debates how to keep some of them in prison for the rest of their lives, feeding the Cheneyesque lie that these people are the worst criminals on the planet.

If some of them are criminals, then let that be decided in a court of law. Hundreds of thousands have died over the decades to make that principle stand. Let us not unceremoniously bury it because of fear-mongering.

I applaud Andy Worthington's work in telling us these prisoners' stories, and hope readers will follow his new series, and show him support. I hope readers will also look carefully at his excellent analysis behind issues such as the resuscitated military commissions, the trials of the terrorist suspects, and the continuing obeisance to the deeply flawed Authorization for the Use of Military Force passed after 9/11.

I also applaud those other news sources who are keeping track of the habeas decisions, such as The Washington Independent, Center for Constitutional Rights, and the Miami Herald. They're all worth looking at.

Sunday, February 21, 2010

Politicizing Crime, the OPR Report and the Degeneracy of the Ruling Elite

"Know thou this, that men are as the time is." -- Shakespeare
In an excellent post at Inside-Out the Beltway on the controversy over the shameless refusal by the U.S. Department of Justice to formally charge former Bush-era torture memo attorneys John Yoo and Jay Bybee with professional misconduct for their work in legitimating torture on behalf of the U.S. military and CIA, Chris in DC makes a very, very important point in a response to one of his commenters (bold emphasis added):
Cetamua asked whether future administrations could prosecute Cheney and others for war crimes even if this one doesn't. I replied that this was theoretically possible (many of these crimes have no statute of limitations), but that the problem with delaying any kind of accountability for high-level misconduct is that, as time passes, the misconduct is seen as condoned by society and thus becomes much more difficult to punish.

This is especially the case where, as here, the establishment mantra throughout that time is that prosecuting the conduct is "criminalizing politics" (when, in fact, the precise opposite is happening: politicizing crime). In fact, establishment acceptance of this cynical distortion is even more harmful than mere reluctance or refusal to prosecute, because framing the criminal activity in a purely political context allows it to become openly advocated in mainstream forums by the political factions that most benefit from a failure to prosecute (e.g., Dick Cheney).

The outcome, then, of the politicization of crime caused by the "criminalizing politics" meme is that the debate shifts from whether the activity is reprehensible and punishable to whether the activity is smart and desirable. Hence, we see the continuing, unashamed arguments from right-wingers not only that brutal torture is not a crime (when done by or for the United States), but that torture is in fact wise and imperative national security policy, with its opponents cynically cast as weak and unserious for even suggesting otherwise.

This is why you cannot play games with matters as severe as these. Backing away from the only morally and legally sane response to war crimes - full criminal investigation and prosecution - is not a "trans-partisan" invitation to politely overcome the rancor and monstrousness of the past, it is the crucial first step to normalization and continuation of that same monstrousness and criminality.
While many will look at the legal aspects of the case, at the Congressional investigations supposedly to follow, etc., the overwhelming effect of reading the Office of Professional Responsiblity (OPR) material (see, for instance, Emptywheel's site, where Marcy Wheeler and a number of associates are dissecting the various components of the OPR report) is of a totally bankrupt, politically criminal government. These people operate at the moral level of an Eichmann. They are infected with the virus of torture, which in its later stages, metastasizes into feelings of omnipotence, delusions of grandeur, malignant narcissism, and outright sociopathy.

I don't believe I've seen such depictions of moral depravity at a fundamental level since the shenanigans of the distaff state of Salò.

Meanwhile, much of the population believes that Barack Obama, Eric Holder, and their associates are somehow going to change all this, even as they have taken clear steps -- not least placing David Margolis in charge of defanging the OPR report (which is from my standpoint underplayed anyway... letting Stephen Bradbury off, for instance) -- to make sure none of the governmental and military/intelligence criminals are ever held to account.

This failure to hold people accountable because the extent of U.S. criminality and illegal actions would become known has poisoned all political action in Washington, and no doubt extends to other components of government, and other issues (as in the recent failure to pass substantive health care reform).

The OPR report is a symptom of the extreme reactionary content of these political times. It is a gauntlet thrown down to the society at large. Are we really what these criminals represent? How can the mainstream press be so morally obtuse that they are not screaming about this from day one? What use a society such as this?

Links (h/t Emptywheel):
See also Jack Balkin's Justice Department Will Not Punish Yoo and Bybee Because Most Lawyers Are Scum Anyway, and Jason Leopold, DOJ Report on Torture Memo: Yoo Said Bush Could Order "Massacre" of Civilians.

Update -- from David Swanson's Yoo, Bybee and Disinformation (I thought this worth quoting at length, especially since I agree with David's suggestions about what to do now):

Everything you're reading about torture lawyers John Yoo and Jay Bybee getting off the hook is wrong. They are not torture lawyers, they are not off the hook, there never was any hook, they may not be lawyers for long, impeachment and indictment are on the agenda, and you have a role to play.

Calling these men "torture lawyers" is dramatically dumber than labeling Al Capone a tax cheat. These are people who provided "legal" cover for aggressive wars, who put down in documents treated as secret "laws" that any president can launch any aggressive war at his whim, without regard to domestic or international law, Congress, the Supreme Court, you, me, or morality. The very report that is the subject of the latest "news" flurry quotes Yoo declaring that, "Sure!", a president can order a village massacred....

Yoo and Bybee are openly guilty of conspiracy to engage in aggressive war, banned by the U.N. Charter and Article VI of the U.S. Constitution, and of conspiracy to torture, a felony under 18 U.S.C. § 2340A-c and § 2441, and to spy without warrants, banned by the Fourth Amendment. Their memos are public. The fact that everyone waited for years to do anything about it, until they could see the Justice Department's own report on the matter doesn't change the absolute irrelevance of such nonsense. Yoo's and Bybee's actions, no matter what you make of them, consist entirely in authorship of a series of written documents available for all to read. And those documents constitute overwhelming grounds for impeachment and indictment....

The report concludes that these war lawyers "committed intentional professional misconduct". The fact that some schmuck in the DOJ adds a note saying that they don't really mean it, doesn't change the fact that any institution in which Yoo's and Bybee's behavior did not constitute misconduct would need to be destroyed in its entirety beginning with actions to newly identify as unacceptable Yoo's and Bybee's crimes. And that they are crimes is not really impacted by whether or not they are "misconduct".

Of course the war lawyers can and must be disbarred, and you can help at http://disbartorturelawyers.com

Senator Patrick Leahy and Congressman John Conyers understand the need to at least pretend that they are not taking their orders from an agency conducting a transparent fraud.... the reports are now public and the fraud out in the open. But Leahy is asking Bybee to resign, Conyers is avoiding the word "impeachment," and neither one of these gentlemen -- stand-out frauds in their own rights -- is talking about subpoenas.

Two things are needed here. First, we need to deter ongoing crime through punishment....

Second we need to find a way for the public to re-enter our government and gain some modicum of control over what it does. That is going to require restoring powers to Congress, and that is going to require at least one committee at the very least enforcing its own subpoenas through the Capitol Police force, if not the Congress impeaching and removing from office someone who used to work in the so-called executive branch. There is a campaign building pressure to demand Bybee's impeachment at http://impeachbybee.org

The Justice Department has been publicly and lawlessly ordered by the president not to enforce laws against the war lawyers. The threat of the DOJ issuing an official recommendation of disbarment does not exactly qualify as a hook (to be let off of). Nor does impeachment, although it serves the critical purpose of shifting power back to Congress, sufficiently deter ongoing crimes. What's going to be needed in the end is prosecution. But that's going to have to come through massive public pressure and intense pressure from Congress, from abroad, and from a strengthened independent communications system.

Saturday, February 6, 2010

Ghost Prisoners? Indefinite Detention? "Hitherto acceptable norms of human conduct do not apply."

In a report at Truthout, Andy Worthington described a new UN report on secret detention policies by governments around the world. The report, available in an advance, unedited version here (long PDF), concentrates on the situation over the last nine years, with "a detailed account of US policies... and also running through the practice of secret detention in 25 other countries, including Algeria, China, Egypt, India, Iraq, Iran, Israel, Libya, Pakistan, Russia, Saudi Arabia, Sri Lanka, Sudan, Syria, Uganda and Zimbabwe."
A major new report on secret detention policies around the world, conducted by four independent UN human rights experts, concludes that, “On a global scale, secret detention in connection with counter-terrorist policies remains a serious problem,” and that, “If resorted to in a widespread and systematic manner, secret detention might reach the threshold of a crime against humanity"....

Of particular concern to the authors of the Joint Study — beyond the overall illegality of the entire project conceived and executed by the Bush administration — is the fate of dozens of men held in secret prisons run by the CIA, or transferred by the CIA to prisons in other countries. Based on figures disclosed in one of the Office of Legal Counsel’s notorious “torture memos” (PDF), written in May 2005 by Assistant Attorney General Stephen Bradbury, the CIA had, by May 2005, “taken custody of 94 prisoners [redacted] and ha[d] employed enhanced techniques to varying degrees in the interrogations of 28 of these detainees.”

The 28 men subjected to “enhanced techniques” are clearly the “high-value detainees” — including Khalid Sheikh Mohammed, the alleged mastermind of the 9/11 attacks, Abu Zubaydah and twelve others — who were transferred to Guantánamo in September 2006, but no official account has ever explained what happened to the other 14 “high-value detainees,” or, indeed, to the majority of the other 66 men.
Tracking the missing men has been difficult, and the report looks into the various black prison sites in Afghanistan, including Bagram. In addition, the report examines "the cases of 35 men rendered by the CIA to Jordan, Egypt, Syria and Morocco, between 2001 and 2004." For many of these "ghost prisoners", we have no idea of where they were ultimately sent, or even if they are even alive.

The Bagram Project

Andy Worthington has begun a project on Bagram prisoners not dissimilar to the research he conducted on the Guantanamo prisoners, which culminated in the excellent book, The Guantanamo Files. Ever since the Pentagon released a list of the names of 645 prisoners it was holding at Bagram as of September 22, 2009 (PDF).

Worthington has been examining this list, and trying to determine who many of these prisoners are, as well as who may be missing from the list.
However, although it is probable that a number of former “ghost prisoners” have been repatriated to face death or further detention, it is not inconceivable that some prisoners were not included in the list because they are being held elsewhere — perhaps in a corner of Bagram to which the list does not extend.

One indication that this is so is the apparent omission from the list of Amanatullah Ali, a Pakistani who was seized by British forces in Iraq in 2004 and rendered to Bagram. His detention in Bagram has been confirmed through letters to his family, and his story, which was told by David Rose in Britain’s Mail on Sunday on December 9, is significant not only because it sheds light on the British government’s complicity in the Bagram rendition program, but also because it reveals the extent to which depriving the prisoners of the right to challenge the basis of their detention perpetuates the same mistakes that were made at Guantánamo.
Andy is producing an annotated version of the Bagram prisoner list, and you can read the initial form of it here. He asks that if anyone has any further information about any of the names on this list to email him.

Obama OLC Supports Indefinite Detention Policies, or Marty Lederman Turns to the Dark Side

As I was reading the articles on the secret detentions, I was reminded that Obama's Office of Legal Council (OLC) has been quite active in promoting indefinite detentions for some of the Guantanamo prisoners. According to Joe Palazzolo at Main Justice, OLC -- which under Bush's appointees Yoo and Bybee had authored the memos approving torture -- has been quite active in advising Department of Justice attorneys who are fighting the habeas cases of Guantanamo prisoners in the federal courts. OLC also "worked closely with the [detention] task force that recently completed a yearlong review of the Guantanamo Bay detainees. The task force determined that of the 198 detainees at the military-run prison, about 50 are unprosecutable but thought to be too dangerous to transfer [i.e., they will be held indefinitely, without charges], underscoring the importance of the habeas corpus cases — the chief means for testing the Obama administration’s detention regime.

One wonders what apostasy former supposed civil liberties proponent Marty Lederman underwent once he joined Obama's Justice Department. But Palazzolo quotes a recent study by Benjamin Wittes and Rabea Benhalim of the Brookings Institution and Robert Chesney of the University of Texas Law School, who expound upon the crucial importance of the Obama administration's legal actions on this front (emphasis added):
They are more than a means to decide the fate of the individuals in question. They are also the vehicle for an unprecedented wartime law-making exercise with broad implications for the future. The law established in these cases will in all likelihood govern not merely the Guantánamo detentions themselves but any other detentions around the world over which American courts acquire habeas jurisdiction. What’s more, to the extent that these cases establish substantive and procedural rules governing the application of law-of-war detention powers in general, they could end up impacting detentions far beyond those immediately supervised by the federal courts. They might, in fact, impact superficially-unrelated military activities, such as the planning of operations, the selection of interrogation methods, or even the decision to target individuals with lethal force….
The other thing the detentions issue reminded me of was a quote from a document I was recently reading. The document has historical significance, and is of great importance in understanding how the dark and secretive forces that are now essentially running this country gained such power and influence.

A Look Back at the Doolittle Report

From the Report on the Covert Activities of the Central Intelligence Agency, commissioned by the President of the United States, Dwight D. Eisenhower, 1954 (otherwise known as the Doolittle Report - PDF, bold emphases added):
As long as it remains national policy, another important requirement is an aggressive covert psychological, political and paramilitary organization more effective, more unique, and, if necessary, more ruthless than that employed by the enemy. No one should be permitted to stand in the way of the prompt, efficient and secure accomplishment of this mission....

It is now clear that we are facing an implacable enemy whose avowed objective is world domination by whatever means and at whatever cost. There are no rules in such a game. Hitherto acceptable norms of human conduct do not apply. If the United States is to survive, long-standing American concepts of "fair play" must be reconsidered. We must develop effective espionage and counterespionage services and must learn to subvert, sabotage and destroy our enemies by more clever, more sophisticated and more effective methods than those used against us. It may become necessary that the American people be made acquainted with, understand and support this fundamentally repugnant philosophy.
Looks like it took them almost 50 years to fulfill the latter prediction, when Dick Cheney informed us the U.S. was going over to the “dark side”. Of course, they’d made their infernal choice decades ago, and the U.S. citizenry is still catching up with the ramifications of those hidden decisions and multiple crimes.

Also, now the enemy is not world communism, but the forces of Al Qaeda, who (supposed) wish to found a world-wide Islamic Caliphate. Of course, tomorrow the enemy may be world communism again, when the war drive against China is activated in earnest, or perhaps it will be the “Asian hordes” once again.

This is not a time for politics as usual. The "consensus building" of President Obama's administration is a cruel joke upon the people of America and the world. What is needed is boldness in opposition, a readiness to speak the complete truth, and the preparation of the American people to accept this truth, and make the links between Wall Street's stranglehold over any economic "reform", and the insane military drive for extension of U.S. power around the world. The latter has led this country into the darkest crevices of human historical actions: to the secret prison and dungeon, to the torture chamber, to the use of technological devices and sciences to watch, control, and murder countless human beings.

"Hitherto acceptable norms of human conduct do not apply." It is worth considering well the implications of this statement for all of us.

Cross-posted at FDL/The Seminal

Monday, August 31, 2009

Bambi Meets Cheney

Last Sunday, Dick Cheney made the television rounds, growling his by now stereotyped plea for the saving graces of torture. It would be Grand Guignol if it weren't so evilly comic. Andrew Sullivan caught this aspect of it in his review of the former vice president's interview with Chris Wallace at Fox "News" Network (H/T Glenn Greenwald):

Now look: there are softball interviews; and then there are interviews like this. It cannot be described as journalism in any fashion. Even as propaganda, which is its point, it doesn't work - because it's far too cloying and supportive of Cheney to be convincing to anyone outside the true-believers. When it comes to Cheney, one of the most incompetent vice-presidents in the country's history, with a record of two grotesquely botched wars, war crimes and a crippling debt, Chris Wallace sounds like a teenage girl interviewing the Jonas Brothers...

CHENEY: I am going to -- if I address that, I will address it in my book, Chris.

WALLACE: It is going to be a hell of a book.

CHENEY: It is going to be a great book.

One day, all the inanity of our society will meet all the evil that came from the lust for power, and crimes such as torture, and we will all be sucked to oblivion in the resulting black hole.

Why isn't anyone writing about that?

Thursday, June 4, 2009

"Is Cannibalism Really Wrong?"

Look what happens when Dick Cheney makes a startling admission!
I can't reproduce it here, for copyright reasons, but if you want a good laugh and you despise Dick Cheney and torture, you must take a gander at Tom Tomorrow's latest strip, This Modern World.

H/T Stephen Soldz

Sunday, May 10, 2009

Torture News Roundup: Breaking: al-Libi Found Dead in Libyan Prison

Also posted now at Daily Kos and Antemedius

This just in from Andy Worthington (H/T Barb):
The Arabic media is ablaze with the news that Ibn al-Shaykh al-Libi, the emir of an Afghan training camp — whose claim that Saddam Hussein had been involved in training al-Qaeda operatives in the use of chemical and biological weapons was used to justify the invasion of Iraq — has died in a Libyan jail. So far, however, the only English language report is on the Algerian website Ennahar Online, which reported that the Libyan newspaper Oea stated that al-Libi (aka Ali Abdul Hamid al-Fakheri) “was found dead of suicide in his cell,” and noted that the newspaper had reported the story “without specifying the date or method of suicide.”
It was al-Libi who was tortured by the CIA, subjected to mock burial in a box 20 inches high, in order to "confess" to a link between Saddam Hussein and Al Qaeda, just days after the start of the Iraq War. Al-Libi later recanted. Afterwards, he was disappeared.
This news resolves, in the grimmest way possible, questions that have long been asked about the whereabouts of Ibn al-Shaykh al-Libi, perhaps the most famous of “America’s Disappeared” — prisoners seized in the “War on Terror,” who were rendered not to Guantánamo but to secret prisons run by the CIA or to the custody of governments in third countries — often their own — where, it was presumed, they would never be seen or heard from again.
Top Story

Holder cautious on U.S. interrogations probes
Attorney General Eric Holder on Thursday vowed to move cautiously and avoid partisan politics in deciding whether any Bush-era officials should be prosecuted for justifying harsh interrogation techniques.

Holder said he had not yet read the draft report from a review by the Justice Department's Office of Professional Responsibility conducted during the previous administration of lawyers who wrote the Bush-era interrogation legal opinions.

"I have not reviewed it. It is not in final form yet," Holder said. "It deals, I suspect, not only with the attorneys but the people that they interacted with, so I think we'll gain some insights by reviewing that report."

He said the review could lead to probes of other officials.
See also, Republicans Warn Holder on Torture.
This is an ongoing weekly series with editors Valtin, Meteor Blades and Patriot Daily. If you have not signed the petition for a special prosecutor to investigate Bush, Cheney et al, you’re just one click away!
(Those who read all the way through this diary will be rewarded by a real treat: a long suppressed U.S. document made public here for the first time on the Internet!)

ALSO BREAKING: Memos shed light on CIA use of sleep deprivation
As President Obama prepared last month to release secret memos on the CIA's use of severe interrogation methods, the White House fielded a flurry of last-minute appeals.

One came from former CIA Director Michael V. Hayden, who expressed disbelief that the administration was prepared to expose methods it might later decide it needed....

"Are you telling me that under all conditions of threat, you will never interfere with the sleep cycle of a detainee?" Hayden asked a top White House official, according to sources familiar with the exchange....

A CIA inspector general's report issued in 2004 was more critical of the agency's use of sleep deprivation than it was of any other method besides waterboarding, according to officials familiar with the document, because of how the technique was applied.

The prisoners had their feet shackled to the floor and their hands cuffed close to their chins, according to the Justice Department memos.

Detainees were clad only in diapers and not allowed to feed themselves. A prisoner who started to drift off to sleep would tilt over and be caught by his chains....

When detainees could no longer stand, they could be laid on the prison floor with their limbs "anchored to a far point on the floor in such a manner that the arms cannot be bent or used for balance or comfort," a May 10, 2005, memo said.

"The position is sufficiently uncomfortable to detainees to deprive them of unbroken sleep, while allowing their lower limbs to recover from the effects of standing," it said.

In the Red Cross report, prisoners said they were also subjected to loud music and repetitive noise.
What this L.A. Times story demonstrates is the proclivity of the CIA and other government torturing agencies to twist the meaning of words, and stuff into the nomenclature of one "technique" or procedures a veritable cornucopia of different torture methods. In this "enhanced interrogation" version of sleep deprivation, forced sleep deficit was combined, as we can see, with shackling, forced positions and forced standing, humiliation, manipulation of diet, sensory overload, and possibly other torture procedures.

So this is what the CIA and U.S. government has been selling as "sleep deprivation"! The situation is reminiscent of the Army Field Manual's use of the "Separation" technique in its Appendix M. It, too, is really an omnibus set of procedures, including solitary confinement, restriction of sleep (not using the term "sleep deprivation" here in order to avoid confusion), partial sensory or perceptual deprivation, use of fear, and likely use of sensory overload, and manipulation of environment, among other possible variations.

The Bush Administration Homicides

An important piece by John Sifton at The Daily Beast:
For five years as a researcher for Human Rights Watch and reporter, John Sifton helped investigate homicides resulting from the Bush administration's torture policy. His findings include:

• An estimated 100 detainees have died during interrogations, some who were clearly tortured to death.

• The Bush Justice Department failed to investigate and prosecute alleged murders even when the CIA inspector general referred a case.

• Sifton’s request for specific information on cases was rebuffed by the Bush Justice Department, though it was “familiar with the cases.”

• Attorney General Eric Holder must now decide whether to investigate and prosecute homicides, not just cases of torture.
Cheney tried to revive torture after Hamdan decision
From a New York Times article (H/T indiemcemopants):
The real trouble began on May 7, 2004, the day the C.I.A. inspector general, John L. Helgerson, completed a devastating report. In thousands of pages, it challenged the legality of some interrogation methods, found that interrogators were exceeding the rules imposed by the Justice Department and questioned the effectiveness of the entire program....

Nobody knew it then, but the C.I.A.’s fateful experiment in harsh interrogation was over. The “enhanced” interrogation, already scaled back, would not be used again....

Still, Mr. Cheney and top C.I.A. officials fought to revive the program. Steven G. Bradbury... began drafting another memorandum in late 2006 to restore legal approval for harsh interrogation....

Early drafts of the memorandum, circulated through the White House, the C.I.A. and the State Department, shocked some officials. Just months after the Supreme Court had declared that the Geneva Convention applied to Al Qaeda, the new Bradbury memorandum gave its blessing to almost every technique, except waterboarding, that the C.I.A. had used since 2002.
Meanwhile, Cheney appeared today on CBS Face the Nation, and did not rule out testifying under oath to Congress about the Bush administration use of coercive interrogations (he'd never call it "torture"), or did he simply artfully dodge the question? You be the judge.

Psychologists, the APA, and the Torture Scandal

Psychologists Complicit in Torture, Physicians’ Group Charges

Bill Fisher of Inter Press Service describes how, in 2005, Department of Defense officials monopolized an ethics review by the American Psychological Association (APA) on national security and psychological ethics (PENS). They they were able to do this with connivance of top APA officers.
Nathaniel Raymond, director of PHR's Campaign Against Torture, told us, “The APA’s ethics task force on national security interrogations produced a report that was rushed, secret, and being driven to already-reached conclusions – conclusions that violated the Geneva Convention.”

“The APA made ethics subservient to law by following guidelines set out by the Pentagon. Members of the task force had long-standing ties to the Pentagon, and the task force was stacked with Defense Department and Bush Administration officials. There were clear conflicts of interest,” he said, adding, “The APA needs to explain how that happened. And the Pentagon’s Inspector General needs to look into how this was allowed to happen.”
The scandal over the APA's role in legitimating psychologists participation in torture was explored in an article by Sheri Fink published at both ProPublica and Salon.com. The APA's Psychological Ethics and National Security (PENS) Task Force report "'found it to be "consistent with the APA Ethics Code' for psychologists to consult with interrogators in the interests of national security."
While noting that psychologists do not participate in torture and have a responsibility to report it, and should be committed to the APA ethics code whenever they "encounter conflicts between ethics and law," the task force decided that "if the conflict cannot be resolved ... psychologists may adhere to the requirements of the law."
The controversy over APA and the DoD has simmered for some time, and has erupted again with the publication of the private email listserv (PDF) between the participants at the APA PENS Task Force, including the top military figures involved.

The Coalition for an Ethical Psychology, Psychologists for Social Responsibility, and Physicians for Human Rights, among others, have called for an independent investigation of the ties between the American Psychological Association and the Defense-Intelligence Establishments.

Meanwhile, one psychologist has been doggedly trying to pursue APA members who have been implicated in torture.
Lawsuit seeks board action -- Psychologist demands censure
A Louisiana-licensed psychologist played a key role in harsh Army interrogations at U.S. prisons in Cuba and Abu Ghraib in Iraq, according to a lawsuit filed in state district court in Baton Rouge.

The suit pits Ohio psychologist Trudy Bond against the Louisiana State Board of Examiners of Psychologists and accuses retired Army Col. Larry C. James of professional and ethical violations in his former role as chief psychologist at Guantanamo Bay and Abu Ghraib.

Bond, who filed a complaint against James with the Baton Rouge-based LSBEP in February 2008, sued the board in July after it dismissed her complaint and rejected her request for an investigation of James.

Bond wants a 19th Judicial District Court judge to send the case back to the board “for a full and complete investigation and hearing,’’ according to her petition for judicial review of the board’s actions.

James, a former New Orleanian who has been licensed in Louisiana since 1990, became dean of Wright State University’s School of Professional Psychology in Dayton, Ohio, on Aug. 1.
Noted bioethicist Steven Miles, author of Oath Betrayed: America's Torture Doctors, discusses implications of the APA/PENS scandal and other aspects of medical complicity with the U.S.'s torture program on Jon Elliott's "This is America" show on Air America (H/T Ms Grin).

Bloggers Against Torture listserve
Bloggers Against Torture oppose torture and cruel, inhuman & degrading treatment of all persons, whether they be prisoners at Guantanamo, Bagram or CIA black sites; immigrants; civilians, or prisoners in civilian prison systems. Most members support investigation & prosecution of Bush officials for war crimes & torture.
The Pelosi Scandal: Did She or Didn't She?

Records suggest Pelosi, others were told of harsh interrogations
A chart compiled by the CIA indicates that Pelosi (D-San Francisco) was briefed on Sept. 4, 2002, on the agency's interrogation of alleged Al Qaeda operative Abu Zubaydah, and that the session covered "the particular [enhanced interrogation techniques] that had been employed." The chart does not list the specific methods covered during the briefing. But during the preceding month, the CIA had used the simulated drowning technique known as waterboarding on Abu Zubaydah at least 83 times, according to a Justice Department memo released last month.

Pelosi has acknowledged being briefed on the CIA's interrogation program, but said she was told only about methods the agency was considering, not about techniques it had actually employed.

As recently as a week ago, Pelosi said, "We were not -- I repeat were not -- told that waterboarding or any of these other enhanced interrogation methods were used."
Marcy Wheeler (Emptywheel) at Firedoglake led a host of bloggers who shot holes in the press story.
We knew that CIA was playing around with its obligation to inform the intelligence committees before it starts any big new projects--like opening torture factories around the world.

But that's the real story of this briefing list--aside from what a bunch right wingers are claiming it says, the actual details of the briefing list notwithstanding. The real story is that the CIA was playing a bunch of games to be able to claim it had informed Congress, even while only informing some of Congress some things.

First, CIA has officially confirmed what I have been saying for weeks. The CIA first briefed Congress on torture on September 4, 2002, 35 days after CIA purportedly began waterboarding and much longer after we know CIA started torturing Abu Zubaydah. Moreover, we have on the record statements from Pelosi and Goss (and I've had even stronger assurances elsewhere) that CIA did not tell Congress they were already in the business of torture.
Meanwhile, Greg Sargent at The Plum Line is reporting that there are more docs to follow:
GOP Rep. Pete Hoekstra is upping the stakes of the torture fight in response to Nancy Pelosi’s claims that she wasn’t briefed on the use of waterboarding.

His office tells me that he’s seen documents that will prove this isn’t true.
Meanwhile, EW counters that with the fact that there are discrepancies between the CIA timeline and that found in the recently released Senate Armed Services Committee narrative released last month.

Meanwhile, a new wrinkle from Saturday's Washington Post: Top Pelosi Aide Learned Of Waterboarding in 2003
Pelosi has insisted that she was not directly briefed by Bush administration officials that the practice was being actively employed. But Michael Sheehy, a top Pelosi aide, was present for a classified briefing that included Rep. Jane Harman (D-Calif.), then the ranking minority member of the House intelligence committee, at which agency officials discussed the use of waterboarding on terrorism suspect Abu Zubaida.

A Democratic source acknowledged yesterday that it is almost certain that Pelosi would have learned about the use of waterboarding from Sheehy. Pelosi herself acknowledged in a December 2007 statement that she was aware that Harman had learned of the waterboarding and had objected in a letter to the CIA's top counsel.
Glenn Greenwald concludes (emphasis in original):
But what's the point of all of this? Secretly telling Nancy Pelosi that you're committing crimes doesn't mean that you have the right to do so. And the profound failures of the other institutions that are supposed to check executive lawbreaking during the Bush era -- principally Congress and the "opposition party" -- is a vital issue that demands serious examination. This dispute over what Pelosi (and Jay Rockefeller and others) knew highlights, rather than negates, the need for a meaningful investigation into what took place.
Torture and the CIA

Two from Jason Leopold, who continues to keep a close eye on developments in the torture scandal. Patriot Daily posted the first one in Friday night's Overnight News Digest:

CIA Refuses to Turn Over Torture Tape Documents to ACLU
The CIA claims the integrity of a special prosecutor’s criminal investigation into the destruction of 92 interrogation videotapes will be compromised if the agency if forced to turn over to the American Civil Liberties Union detailed documents identifying the individuals responsible for destroying the material, the reasons for the purge, and the torturous tactics depicted on the tapes, according to newly released court documents....

Amrit Singh, an ACLU staff attorney, said the move is “a classic CIA delay tactic.”

In court papers, she said the government is using the criminal investigation “as a pretext for indefinitely postponing” its obligation to produce documents related to the destruction of the videotapes.
Top CIA Officials Were Given Daily Torture Updates of Zubaydah

Leopold's second article looks at how the hunt for records of the CIA's torture as turned up some new evidence.
The first set of indexes contains information about cables sent on Aug. 1, 2002 and ends on Aug. 7, 2002. The second set of indexes begins on Aug. 8, 2002 and ends on Aug. 18, 2002 but does not contain an entry for correspondence sent back to the CIA on Aug. 13, 2002 describing the status of interrogations.

The indexes were turned over as part of a contempt lawsuit filed by the ACLU against the Department of Defense related to 92 interrogation videotapes that were destroyed by the agency in 2005 as public attention began focusing on allegations that the Bush administration had subjected “war on terror” detainees to brutal interrogations that crossed the line into torture....

Amrit Singh, an ACLU staff attorney, said, “it’s disappointing that the Obama administration is continuing to withhold the text of these cables despite the promise of transparency"....

“I think the frequency of the cables showed that CIA headquarters and senior officials had sanctioned interrogation methods that were illegal,” she said. “We see no basis for continuing to withhold this information.”
The OLC Memos on Torture

Another round of scandal and speculation was generated by a New York Times report that an internal Justice Department inquiry into the memos written by John Yoo, Jay Bybee, Stephen Bradley and others to justify Bush administration torture would censure the attorneys but not call for prosecutions.

Interrogation Memos: Inquiry Suggests No Charges
An internal Justice Department inquiry has concluded that Bush administration lawyers committed serious lapses of judgment in writing secret memorandums authorizing brutal interrogations but that they should not be prosecuted, according to government officials briefed on its findings.

The report by the Office of Professional Responsibility, an internal ethics unit within the Justice Department, is also likely to ask state bar associations to consider possible disciplinary action, which could include reprimands or even disbarment, for some of the lawyers involved in writing the legal opinions, the officials said.

The conclusions of the 220-page draft report are not final and have not yet been approved by Attorney General Eric H. Holder Jr.
According to an Huffington Post report:
The Washington Post reports that former Bush administration officials are "launching a behind-the-scenes lobbying campaign" to urge Obama Justice officials to "soften" the ethics report on the torture memo authors.
Israel/Palestine: Facility 1391

UN committee charges Israel with maintaining secret jail
GENEVA, (PIC)-- The UN committee against torture has denounced the Israeli general security apparatus for using a secret detention center for interrogation that could not be visited by the Red Cross, lawyers or relatives of those detainees.

The ten independent experts, members of the committee, said that the installation "1391" was located in an unspecified area in Israel. They added that the committee received complaints on torture, maltreatment and inappropriate detention conditions in this installation....

Such practices include severe beating, forcing detainees to sit in awkward positions for long period, tightening the handcuffs, violently shaking the detainee and turning his head suddenly and violently, the committee elaborated....

It asked Israel on the measures taken in response to the UNHCR call for an immediate end to the siege on Gaza Strip, which deprives one and a half million Palestinians from the simplest human rights.

The committee is expected to hear answers from Israel before issuing its report at the end of its current session on 15th May.
The story was further reported in the Jerusalem Post:
The Jewish state is one of seven countries under period review this year by the committee, which has received reports on Israeli violations of the UN Convention Against Torture from at least eight NGOs, including B'Tselem, Hamoked Center for the Defense of the Individual, Physicians for Human Rights and Amnesty International.

In a report submitted to the committee in late 2007, Israel said it had made improvements in a number of areas relating to that convention since it last submitted a report in 2001....

The committee also said it was concerned about allegations that the Shin Bet was operating a secret detention and interrogation facility known as Facility 1391, where detainees had no access to the International Committee of the Red Cross.

It asked Israel to explain allegations that Palestinian detainees were beaten, bound, denied sleep and placed in odd positions such as crouching in a frog position or bending their backs in a banana position.
Miscellaneous

Binyam Mohamed ruling: Judges will re-consider public disclosure of UK complicity in torture
The High Court has announced that it will re-open its original judgment that details of the torture of former Guantanamo Bay detainee Binyam Mohamed should remain secret in the interests of national security.

In February the High Court refused the application of Mr Mohamed and a coalition of media organisations seeking public disclosure of details of his ill-treatment at the hands of the CIA and Pakistani intelligence services. The Court had already found that the British Security Services had colluded in his illegal treatment. After the Foreign Secretary informed the Court that US had threatened to down-grade intelligence sharing with the UK if details were made public, the Court judged that it had no choice but to refrain from publishing details....

Mr Miliband is to be given a final opportunity to present evidence to the Court of the true situation if he wishes to continue to seek to suppress the details of Mr Mohamed's treatment. The Court will then reconsider the question of whether it will publish those details. It is anticipated that the issue will finally be determined in June.

Clive Stafford Smith, Director, of Reprieve, said: "It is long past time that this evidence was made public. How can it be that two governments that purport to uphold the rule of law be working together to cover up crimes committed against Binyam Mohamed?"
Royal Sheikh Detained by UAE Over Torture Tape Allegations

A member of the royal family in the United Arab Emirates, Sheikh Issa bin Zayed al Nahyan, has been "detained" in Abu Dhabi by authorities investigating a chilling videotape that shows him torturing an Afghan grain dealer, according to officials in Washington.
Religious leaders call for a commission of inquiry on torture by U.S.

Fiery Response to Pew's Torture Analysis
A firestorm erupted this week over an analysis from the Pew Forum on Religion and Public Life showing that white evangelical Protestants are far more likely than those in other faith traditions to support the use of torture against suspected terrorists....

But the original analysis overlooked a centrally important piece of information: the big dividing line on public support for torture as a tool in terrorism investigations is along partisan lines, not religious ones.
Government Could Destroy Records in Hundreds of Guantanamo Cases

A stockpile of documents about hundreds of Guantanamo Bay detainees, some written by the prisoners themselves, could be destroyed under a little-known provision of a federal court order the Bush administration obtained in 2004.
Senators Urge Obama to Block Release of New Detainee Abuse Photos (article by William Fisher)
The plea to intervene to stop the expected May 28 release of the photos came in a letter Thursday to President Barack Obama from Senators Joseph Lieberman and Lindsey Graham.

"The release of these old photographs of past behavior that has now been clearly prohibited will serve no public good, but will empower al-Qaeda propaganda operations, hurt our country's image, and endanger our men and women in uniform," the Senators wrote.

Release of the photos is expected in response to a Freedom of Information Act lawsuit filed by the American Civil Liberties Union.

"We urge you in the strongest possible terms to fight the release of these old pictures of detainees in the war on terror, including appealing the decision of the Second Circuit in the ACLU lawsuit to the Supreme Court and pursuing all legal options to prevent the public disclosure of these pictures," the senators wrote.
If Lieberman and Graham aren't the slimiest, most unctuous creatures in Congress, then I don't know who would be.

The Bush Era Torture-Homicides, By Scott Horton
In a recent television appearance, one of the nation’s foremost retired military leaders, General Barry McCaffrey, said: “We should never, as a policy, maltreat people under our control, detainees. We tortured people unmercifully. We probably murdered dozens of them during the course of that, both the armed forces and the C.I.A.” The fact of dozens of homicides is frankly acknowledged in discussions with military and intelligence experts, but the press seems to regard the subject as taboo.
Why is Condi Rice Joining the Torture Debate?

The NYT's definition of blinding American exceptionalism (Glenn Greenwald -- H/T Stephen Soldz)

Greenwald takes on the hypocrisy of how torture is covered by The Gray Lady, and the press in general, where it's torture if it's done to an American, and "harsh tactics some critics decry as torture" if done by Americans to other people.

Sleight of Hand: Obama's Military Commissions Redux
I don’t think, however, that the resurrection of the military commissions is a manifestation of laziness on Obama’s part. Nor is it a failure of leadership, per se. The Military Commissions are a constituent part of the torture program which, even now, is not dismantled, and continues in somewhat attenuated form as part of the Army Field Manual. It is also part of the cover-up of the previous torture program, allowing for the use of torture evidence without the political explosion that would take place by having to release or acquit “terrorists” (really “accused terrorists,” but who cavils about such things in our modern America anymore?) because the evidence was tainted by torture, and therefore inadmissible.

All signs point to the fact that when it comes to national security and military matters, Obama is compliant to the wishes of the Pentagon, that he has no real policy of his own.
A new Torture Evidence Database, collected by Edger at Antemedius

Andy Worthington on Obama’s First 100 Days: Mixed Messages On Torture

Among other things, Andy reports that Amnesty International (PDF) has picked up the campaign pushed by myself and others to expose the use of abusive interrogation techniques in the Army Field Manual, and that organization's "disappointment that the administration was 'endorsing without qualification' a document 'which permits prolonged sleep deprivation, isolation and manipulation of a detainee’s fears contrary to the international ban on torture.'"

Final Archival Treat: From the Pike Committee Report

The transcribed quote that follows is from the introduction to the suppressed 1975 Pike Committee Report, the product of the House Select Committee on Intelligence. This committee's report on CIA activities was never published by the government, as Congress backed down after the CIA protested any distribution, claiming national security would be harmed. Over 30 years later, I can't imagine why this report has not been made public.

This selection from Part One: The Select Committee's Oversight Experience has never been published in full on the Internet. In the future, I will post more from this extraordinary report, a copy of which I have secured.
If this Committee's recent experience is any test, intelligence agencies that are to be controlled by Congress are, today, beyond the lawmaker's scrutiny.

These secret agencies have interests that inherently conflict with the open accountability of a political body, and there are many tools and tactics to block and deceive conventional Congressional checks. Added to this are the unique attributes of intelligence -- notably, "national security," in its cloak of secrecy and mystery -- to intimidate Congress and erode fragile support for sensitive inquiries.

Wise and effective legislation cannot proceed in the absence of information respecting conditions to be affected or changed. Nevertheless, under present circumstances, inquiry into intelligence activities faces serious and fundamental shortcomings.

Even limited success in exercising future oversight requires a rethinking of the powers, procedures, and duties of the overseers. This Committee's path and policies, its pluses and minuses, may at least indicate where to begin.

Access to Information

The key to exercising oversight is knowledge. In the case of intelligence agencies, this translates into a need for access to information often held by the agencies themselves, about events in distant places.

It is an uncertain approach to gathering facts, given the best of circumstances. The best of circumstances thereby become a minimum condition.

The Select Committee's most important work may well have been its test of those circumstances, testing perhaps for the first time what happens when Congress unilaterally decides what it wants to know and how it wants to know it.

There were numerous public expressions by intelligence agencies and the Executive that full cooperation would be accorded. The credibility of such assurances was important, since almost all the necessary materials were classified and controlled by the executive branch. Despite these public representations, in practice most document access was preceded by lengthy negotiations. Almost without exception, these negotiations yielded something less than complete or timely access.

In short, the words were always words of cooperation; the reality was delay, refusal, missing information, asserted privileges, and on and on.

The Committee began by asserting that Congress alone must decide who, acting in its behalf, has a right to know secret information. This led to a rejection of Executive "clearances" or the "compartmentation" of our staff. The Committee refused, as matter of policy, to sign agreements. It refused to allow intelligence officials to read and review our investigators' notes, and avoided canned briefings in favor of primary source material. The Committee maintained that Congress has a right to all information short of direct communications with the President.

Our ability to abide by these policies has been a mixed record.

On the plus side, an aggressive pursuit of facts and a willingness to back up this pursuit with subpoenas produced some unprecedented results. As an example, never before had either the Executive or Congress put together a ten-year review of covert action projects. By subpoena -- which unfortunately, had to be taken to the brink of contempt enforcement -- the staff of the Committee analyzed all official covert action approvals since 1965, and reported its results to the Committee in a closed hearing. That presentation was one of the most interesting and accurate pictures of U.S. covert policies yet assembled, and was of no small value to our findings. Other examples appear throughout the remainder of this report.

Nevertheless, if that is the positive side, it was offset by the extraordinary efforts that were required, even in a climate favorable to reviewing past Executive conduct, to identify and obtain document.

It is a commentary in itself that subpoenas were necessary.

It is a further commentary that much of the time subpoenas were not enough, and only a determined threat of contempt proceedings brought grudging results.

In the future, I'll post more of this extraordinary document, a part of our history, suppressed by our own government.

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Thanks to Patriot Daily, Meteor Blades, and all those cited and uncited, all those hard workers in the cause of justice and against cruelty and inhumanity from whom I gathered these links, and to those who have survived unbelievable pain and mental anguish, I honor all of you.

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