Showing posts with label Susan Brandon. Show all posts
Showing posts with label Susan Brandon. Show all posts

Wednesday, June 22, 2016

DHS Behavioral Research Group proposed "use of Guantanamo Bay subjects as data"

Overlooked in a report released last year that documented collusion with top members of the American Psychological Association with U.S. government agencies in activities that involved torture or abuse of detainees was a section that documented interest in using Guantanamo Bay detainees for experimental purposes or objects of study by the Department of Homeland Security (DHS).

According to the minutes of a May 7, 2003 "unclassified advisory group" for the DHS Science and Technology Behavioral Research Program, which documented the inaugural meeting of the group, topics that might be included in DHS "social and behavioral research" included "autonomic specificity in reactions to stress; use of electro-encephalograms for determination of intent and for detection of deception; and use of Guantanamo Bay subjects as data."

Involved in such discussions, led by National Science Foundation, were Geoffrey Mumford; the Director of Science Policy at the American Psychological Association (APA), and Susan Brandon, then-Program Chief, Affect & Biobehavioral Regulation in Division of Neuroscience and Basic Behavioral Science, NIMH, and also a Senior Scientist at APA.

Currently Brandon is Chief of Research for the Obama Administration's High-Value Detainee Interrogation Group, or HIG.

Others present at the 2003 meeting were Norman Bradburn, Assistant Director for the Directorate for Social, Behavioral & Economic Sciences at the National Science Foundation (NSF); Phil Rubin, Division Director of Behavioral and Cognitive Sciences, NSF; Ken Whang, Program Manager for Collaborative Research on Computational Neurosciences, NSF; and Gary Strong, the Director of Behavioral Research, DHS. Strong kept the minutes for the event, which was held at NSF offices.

"Effectiveness Research" or "Program Evaluation"?

The report released last year (PDF) by Sidley Austin, "Independent Review Relating to APA Ethics Guidelines, National Security Interrogations, and Torture," authored by Chicago-based attorney David Hoffman and other Sidley associates, indicated that both Mumford and Brandon were queried about the interest in research on Guantanamo detainees.

Mumford, who Hoffman's report indicated was a central leader in getting APA involved with Department of Defense and CIA collaborative efforts, told Sidley investigators he couldn't recall any such discussion about detainees. Brandon's reply was more revealing. From Hoffman's report, p. 171-172:
Brandon likewise stated that she did not know what this comment referred to, and assumed that any discussions on this topic would have related to attempts to discover what people were doing with research subjects when there was very little oversight. However, she stated that she recalled people wanting to observe detainees to understand the effectiveness of the interrogation program. Brandon said she would characterize this kind of observation as program evaluation rather than research.
"Program evaluation" is precisely the term Dr. Jerald Ogrisseg, a psychologist with Joint Personnel Recovery Agency, United States Joint Forces Command, used before the Senate Committee on Armed Services on June 17, 2008, when the committee was investigating detainee abuse and torture at Guantanamo (bold added for emphasis):
Mr. Chairman, with regards to my July 2002 communications with then Lt Col Dan Baumgartner, the then Chief of Staff of JPRA, my recollection is that Lt Col Baumgartner called me directly, probably on the same day that I generated my 24 July 2002 memorandum that I referenced earlier. He indicated that he was getting asked “from above” about the psychological effects of resistance training. I had no idea who was asking Lt Col Baumgartner “from above” and did not ask him to clarify who was asking. I recall reminding Lt Col Baumgartner in general terms about program evaluation data I’d presented in May of 2002 at the SERE Psychology Conference. These data, which were collected on Air Force survival students at different points of time during training, indicated that training significantly improves students confidence in their ability to adhere to the Code of Conduct.
The "training" Ogrisseg referred to consisted of mock prison camps and use of graduated forms of torture as a form of "stress inoculation" on troops or other U.S. agents to make them more resistant to torture, or so goes their rationale. Is it possible that similar forms of "program evaluation" -- though it's hard to see this as anything but illegal research -- was also used on real torture victims, such as at Guantanamo? It is noteworthy that the DHS behavioral group referred to using Guantanamo detainees for research in nearly the same breath as studying "autonomic specificity in reactions to stress."

"Autonomic specificity in reactions to stress" is precisely a form of research previously conducted on SERE mock torture "detainees." Research by CIA psychiatrist Charles Morgan III showed powerful changes in endrocrine and nervous system functioning in mock-torture SERE students studied. Is it really so far-fetched to think such experiments were extended by CIA or the Department of Defense, or other government agency (such as DHS) to the detainees captured in the "war on terror"?

Apparently not. A National Research Council (NRC) 2008 report on a conference on Emerging Cognitive Neuroscience and Related Technologies examined briefly what it characterized as a “contemporary problem,” the possibility of doing research on “war on terror” detainees, removed by the U.S. government from Geneva protections against experiments done on prisoners of war. (This report was earlier examined in an article I wrote back in February 2011.)

In a section of the report that looked at the “Cultural and Ethical Underpinnings of Social Neuroscience,” the report’s authors examined the “Ethical Implications” of these new technologies. The section explored the birth of the new field of bioethics, in response to the scandalous revelations of the Tuskegee experiments. The report noted that “On the whole, however, the system of protections for human research subjects is not well designed to capture instances of intentional wrongdoing,” providing “rather… guidance for well-motivated investigators who wish to be in compliance with regulatory requirements and practice standards.”

Another interesting, and even more ominous issue was discussed the NSC panel (emphasis added):
A contemporary problem is the status of detainees at military installations who are suspects in the war on terrorism. Presumably, the ethical standards that apply to all human research subjects should apply to them as well. But if they are not protected by the provisions of the Geneva protocols for prisoners of war, the question would be whether as potential research subjects they are nonetheless protected by other international conventions, such as the Universal Declaration of Human Rights (United Nations, 1948). Those technical questions of international law are beyond the scope of this report.
Why should the question of research on detainees arise in this discussion at all?

Christian Meissner, currently a lead researcher for the High-Value Detainee Interrogation Group, back in 2010 spoke to National Academy of Science participants attending a workshop, "Field Evaluation in the Intelligence and Counterintelligence Context," on the putative difference between research and "program evaluation." According to the report of the meeting, "Christian Meissner commented that, from his experience as chair of an institutional review board, he knows that there is a significant gray area between program evaluation and research. Indeed, he said, it is quite possible to field test things under the guise of program evaluation. But once one begins manipulating factors and having control groups, the studies clearly amount to research." (pg. 68-69)

Commenting on the same issue at the workshop, Jonathan Moreno, well-known science ethicist at the University of Pennsylvania, said, "It’s not an easy line to draw,” he said, “but I think you can intuit those lines."

"Beyond the scope"

So for the NSC panelists, the issue of whether or not detainees, removed from normal Geneva protections (as at Guantanamo), are protected by international covenants, like the Nuremberg protocols, are "beyond the scope" of their inquiries. Not for the last time was the issue of research on detainees at Guantanamo deemed "beyond the scope" of investigators. In the Sidley report quoted above, Hoffman (and his co-authors) explained why they never followed up the trail of evidence on possible research abuse. "... we considered it beyond the scope of this investigation to draw conclusions regarding whether the CIA, DoD, or any other executive agency was conducting research on detainees because we found no evidence that APA had coordinated with the government to facilitate such research," they wrote (p. 172).

Maybe not APA as an institution, but certainly top APA officials collaborated with the government based on their standing as leaders of the field of psychology, as demonstrated by their leadership at APA. This aspect of the Sidley investigation has been ignored by the press, by APA critics, and by critics of the Hoffman report (who mostly are DoD apologists). Hoffman and his allies carefully determined who the scapegoats would be for their report, while letting a number of others -- and not only psychologists -- off the hook. Still, I am grateful for their work in documenting a good deal we didn't know about this collaboration.

The issue of studies on detainees also surfaced as part of a September 2003 "after-action" report by a SERE consultant, Terrence Russell, sent to Iraq to assist special forces Task Force 20 in interrogation of detainees. (This TF was later named Task Force 121.) But the report, and another by Russell's putative superior, Col. Steven Kleinman, showed that abuse of detainees was taking place. When Kleinman intervened to stop such actions, his life was threatened by TF personnel. Russell was a civilian manager for the Research and Development division of Joint Personnel Recovery Agency, which was then the parent command for SERE.

“In regards to the recent study on effectiveness at GTMO, of which there is plenty of room to debate whether or not that have had [sic] much success..." Russell wrote in passing, trying to counter criticisms by Kleinman in the latter's own version of events written in his own after-action report. Kleinman later told me he thought Russell was referring to many different kinds of studies on interrogation going back to the Cold War years. He didn’t believe Russell had any “study on effectiveness at GTMO” that he could actually refer to. But perhaps such "effectiveness" research was hidden as "program evaluation."

The minutes for the DHS meeting where conducting research on Guantanamo detainees was released by the APA itself, as one of a number of "binders" of documentary material gathered by Sidley for its research. The minutes were on page 1355 of Binder 2 in the APA release (see PDF), but I am reproducing them here for the benefit of the public. Click on image to see larger, more readable version.

Saturday, June 18, 2016

CIA Claims "No Responsive Documents" Regarding Ethics Panel Linked to Torture Scandal

The following is a letter from CIA in regards to a FOIA I requested on the workings of their Professional Standards Advisory Committee, or PSAC. The existence of the PSAC was a by-product of the release of the Hoffman report (PDF) on the alleged collaboration between the CIA and the Department of Defense with the American Psychological Association (APA). The original FOIA request, made through the Muckrock.com website, can be accessed here.

The CIA letter states that there are no responsive documents relating to my request for more information on PSAC. What's newsworthy about this particular FOIA episode concerns the individuals involved with PSAC and the role of PSAC itself in relation to the construction of the CIA's torture program and the involvement of top APA figures and others with that program.

The Hoffman report, released in July 2015, indicted the APA for collaboration with Defense Department officials to enable psychologists to work on interrogation matters, though no specific link was made to torture. But since it was known that DoD was involved in torture, the nature of the collaboration was murky, and certainly seemed to facilitate psychologists involvement in torture.

But the Hoffman report also alibied known links to CIA officials, including those directly associated with James Mitchell and Bruce Jessen, two DoD, and later CIA-linked psychologists who have been widely credited with helping construct (if indeed they were not the leading forces, which I actually doubt) the CIA "enhanced interrogation" torture program. I was not entirely suprised about this "limited hangout" aspect of the report, as I earlier had linked Hoffman to working, and possibly friendly, relations with former CIA chief George Tenet. The interested reader can peruse my analysis of these issues here.

From my standpoint, the Hoffman inquiry and supporting documentation provided those seeking the full truth about the government's torture program with some new "dots," even if Hoffman himself either ignored linking such "dots," or even engaged in some misdirection.

One of the more interesting pieces of information about the CIA's torture program that surfaced in the Hoffman report concerned the PSAC. The PSAC was described in the report as consisting of three leading outside psychologists—former APA Presidents Ron Fox
and Joe Matarazzo, and former APA Division 30 (Hypnosis) President and security-cleared CIA contractor Mel Gravitz. The Committee itself was allegedly formed by CIA official Kirk Hubbard, who was closely linked with James Mitchell, and who has described himself as the "Chief of the Research & Analysis Branch, Operational Assessment Division, Special Activities Group, CIA," and occasionally as "Chief of the Behavioral Sciences Staff at the Central Intelligence Agency."

According to the Hoffman report, "Hubbard says when he returned to CIA headquarters in 2000 from a covert assignment in London to lead a new behavioral science research unit, he believed the CIA needed to be less insular and he therefore formed the PSAC with Matarazzo, Gravitz, and Fox to enhance the access of Hubbard’s unit to experts in the area of psychological assessment and related issues. Contemporaneous emails from [Susan] Brandon confirm that this was his approach. Matarazzo, Gravitz, and Fox were apparently paid a small amount. Hubbard, Matarazzo, and Fox told us the meetings focused almost exclusively on understanding and applying psychological assessment models in various contexts, but that none of the contexts related to interrogations."

Joe Matarazzo, a former President of the APA, was also Mitchell and Jessen linked, as he was a governing, that is, corporate member of Mitchell, Jessen and Associates, the entity M&J used to contract their services to the CIA's covert rendition, detention and torture program. Though Hoffman said he found some indications Matarazzo was helping the CIA on its torture program, he pointedly did not pursue further the Matarazzo connection.

But he did release a copy of the minutes to a PSAC meeting for January 25, 2002, a period of time when the torture programs at both DoD and the CIA were ramping up. The first detainees at Guantanamo had arrived there only two weeks before.


Present at this meeting were APA "senior scientist" Susan Brandon, and CIA contract psychologist James Mitchell. Brandon is today a top interrogation research official in the Obama administration, being in charge of research for the High-Value Detainee Interrogation Group, or HIG. Earlier, Brandon was instrumental in the formulation of the APA's ethics policy explicitly endorsing the participation of psychologist in torture. She was formerly Chief of Research for the Defense Intelligence Agency (DIA), Defense Counterintelligence and Human Intelligence Center (DCHC) Behavioral Sciences Program. Prior to that, Brandon served in the Bush, Jr. White House as assistant director of Social, Behavioral, and Educational Sciences for the Office of Science and Technology Policy.

Mitchell is famous as the presumed architect, or at least leading proponent and practitioner, of the CIA's torture program. The fact a major Obama administration official is linked to Mitchell and the CIA has gone practically unnoted by the U.S. press, or indeed by even the various critics of the CIA and the APA.

In a January 15, 2002 letter to Kurt Salzinger, the Executive Director of the APA's Science Directorate, Brandon and Geoff Mumford, Associate Executive Director of Science Policy for the Science Directorate, detailed some of their recent interactions with CIA's Hubbard. They warned that while "interactions between APA members and the CIA can be general knowledge (we put a note about Bob Sternberg's visit there in SPIN and PSA), the specifics of the people working there --their interests and roles -- might best be kept among those of us mentioned in and addressed by this note." (See "Binder 3" to the Hoffman report, which also has the copy of the PSAC minutes discussed in this article.)

Ten days later, Brandon attended the PSAC meeting (pg. 165 of the report). This is the Hoffman Report's narrative of that event, drawing heavily on Brandon's account:
In January 2002, the CIA’s Professional Standards Advisory Committee invited Susan Brandon and James Mitchell to attend a Committee meeting.660 Brandon said that Mel Gravitz and Ron Fox were her contacts in the CIA, and they asked her to come and brief the Advisory Committee. At the meeting, held on January 25, the minutes reflect that Brandon was introduced to the other members and asked to sign a “secrecy agreement,” before being briefed on the function of the CIA’s Operational Assessment Division and the purpose of the Advisory Committee. Brandon then discussed her role at APA, including her involvement in planning the upcoming conference at an FBI Academy to remedy the FBI’s traditional disengagement from academics and scholars.661 Following Brandon’s presentation, the group discussed “collaborative efforts between OAD, PSAC, and APA,” and Mitchell presented “research findings in cross-cultural assessment of personality.”662 Brandon said she could not recall Mitchell’s presentation, but her general impression was that Hubbard was more interested in obtaining information from spies around the world than from detainees. She said that nobody at the meeting asked her about interviewing or interrogations, and it did not strike her that the others at the meeting were interested in that topic.663 After the meeting, Brandon and Hubbard communicated regarding ways that Brandon and APA could be useful to Hubbard’s group.
I don't think there's much reason to take Brandon's account purely on face value. However,I think I've demonstrated that the PSAC both exists, and that knowledge of what other business was transacted by that group could be of importance to our understanding of both the CIA torture program and the collaboration of leading psychologists associated with the American Psychological Association with the CIA in that program.

But the CIA said, in a letter to me dated May 5, 2016 they could not find any records responsive to my request. Certainly this is obfuscation of some sort, and I have appealed their finding. Both the full CIA letter and my appeal letter are appended below.


June 7, 2016

Agency Release Panel, CIA
c/o Michael Lavergne
Information and Privacy Coordinator

Dear Sir or Madam,

This letter constitutes an administrative appeal under the Freedom of Information Act, 5. U.S.C. Sec.
552(a)(6).

I am writing to appeal the determination by the CIA with regard to my FOIA request filed on July 16, 2015, #F-2015-02180, for records concerning meetings of the CIA's Professional Standards Advisory Committee, hereafter "PSAC." By letter of May 5, 2016, I was informed that the CIA FOIA department "did not locate any records responsive to [my] request."

The lack of any responsive records seems untenable, as at least one copy of the minutes of a meeting of the Professionals Standards Advisory Committee is in the public domain, having been released as documentary material by the American Psychological Association (APA) as part of the release of a report by Mr. David H. Hoffman of Sidley Austin LLC (hereafter, "Hoffman Report").

The Hoffman Report, dated July 2, 2015, was posted online by the American Psychological Association, which had tasked the report from Mr. Hoffman as an "independent review" of APA's activities regarding national security interrogations. The URL for the full report is http://www.apa.org/independent-review/APA-FINAL-Report-7.2.15.pdf. The full title of the report is "Report to the Special Committee of the Board of Directors of the American Psychological Association - Independent Review relating to APA Ethics Guidelines, National Security Interrogations, and Torture." The PSAC is the subject of a subsection of this report, which can be found on pages 156-157 of the report.

The minutes of the one PSAC meeting noted above are dated January 25, 2002. They were published as part of a general distribution of documentary materials related to the Hoffman Report by APA, and can be found at page 353 of a PDF downloadable at APA’s website. The specific URL for that collection of material, known as “Binder 3”, which holds the PSAC minutes, is http://www.apa.org/independent-review/binder-3.pdf. The document can be found on page 353 of that PDF.

I would like to add, in order to assist any further search, that in the same PDF file, "Binder 3," on page 349, is a letter dated January 15, 2003, signed by Susan Brandon and Geoff Mumford, both then from APA (although Ms. Brandon also worked for the government), referenced the PSAC. They wrote that the unit had been created by Mr. Kirk Hubbard, then Chief of the Research & Analysis Branch in the CIA's Operational Assessment Division. They wrote: "They currently retain a 3-member paid advisory group consisting of 3 APA members: Joe Matarazzo, Ron Fox, and Mel Gravitz meeting on average once a month, now in their second year of service."

In the Hoffman Report (p. 185), it states, "Sidley spoke with several members of the Advisory Committee, including Kirk Hubbard, Joseph Matarazzo, Ronald Fox, and James Mitchell, and more than one member of the Committee explained that its purpose was to advise the CIA on the methodology for conducting operational assessments of
personnel." Hubbard and Mitchell both worked in the early 2000s for the CIA. None of these individuals stated there was no PSAC. Hence, I add this information to show that it is not tenable that no responsive documents exist for this entity.

I suggest that another search be done, including a search of CIA databases ARCINS and/or AIRRS, or whatever record system is used to reference activities of the CIA's " Operational Assessment Division."

To make matters simpler, in my original request I asked for all PSAC records "between the dates January 1, 1999 and the date of this FOIA request [7/16/2015]." I would like to reduce that time frame to all PSAC records between September 11, 2001 and December 31, 2005. At the same time, I reiterate from my original request that by "records" I am referring to "all written agendas, correspondence regarding its work or meetings, emails regarding its work of meetings, memoranda, meeting minutes, membership lists, dates of meetings, written reports that reference its work or are the product of its work, and presentation materials."

Thank you very much for your consideration of this appeal.

Sincerely,
Jeffrey Kaye

Wednesday, January 6, 2016

Letter to HHS on Proposed "Intelligence Surveillance" and Criminal Justice Exceptions to Human Subject Protections

The following was my response to a call for comments from the Department of Health and Human Services (HHS) regarding proposed changes in the federal rules regarding the protection of human experimental subjects. The deadline for comments was today, and the following reproduces what I sent HHS.

Outside academia and the departments that run Institutional Review Boards, the issues surrounding these changes may seem arcane. But as my letter documents, the issues on protection of human subjects in federal funded experiments touches on some of the most important issues of our time, not least the torture program ran by the CIA and Department of Defense in the past 15 years. Other comments can be read at the link provided above. My very modest contribution in no way touches many of the important issues raised by these proposed changes, and interested readers should peruse the comments of others to get a fuller picture of the stakes involved in these proposed changes.

Note: Rather than embed links, I have provided endnotes with links, which reproduces how I sent the letter to HHS. One interesting side benefit of drafting and posting this letter was that it allowed me to update old links that had gone missing or dead over the years. Sadly, the links to much of the relevant material (Project Shad, for instance), had changed or disappeared, as public interest in the subject waxes and, sadly, wanes.

----------------------------

Date: January 6, 2016

To: Jerry Menikoff, MD, JD
Office for Human Research Protections (OHRP)
Department of Health and Human Services (HHS)
1101 Wootton Parkway, Suite 200
Rockville MD 20852
and
The Department of Health and Human Services (HHS) and other relevant agencies

From: Jeffrey S. Kaye, Ph.D.
xxxxxxxxxxxx
xxxxxxxx, CA xxxxx

Re: Notice of Proposed Rule Making (NPRM), Docket ID HHS-OPHS-2015-0008
(CFR Citation: 45 CFR 46)

HHS has asked for public responses to changes proposed in law regarding Federal Policy for the Protection of Human Subjects, also known historically as the “Common Rule.”

In particular, my comment is related to proposed exceptions to protections under federal law for human subjects on matters related to “intelligence surveillance” and “criminal justice activities.” In addition, I address suggestions of weakening protections related to Subpart C of the Common Rule, which covers research on prisoners.

Currently, the Department of Justice, the Central Intelligence Agency, the Department of Homeland Security, the High-Value Detainee Interrogation Group (HIG), and the intelligence agencies that operate under the umbrella of the Department of Defense, are all regulated by 45 CFR 46, and protection of human subjects falls under the Common Rule. There is good reason historically for this, as government agencies, often under the auspices of “national security,” failed to protect human beings who were harmed significantly under experiments undertaken by such agencies.

These agencies act under a veil of secrecy, and safeguards on potential misuse of actions considered research, as defined, or even potentially close to research, should be strengthened, not weakened.

As Jay Katz said in a 1994 review of the history of human experimentation:
“In my review on the regulations on the conduct of research, I have tried to demonstrate that medical science's commitment to individual autonomy continues to remain ambiguous.

“The call for balancing the need to advance science for mankind's benefit and to protect the inviolability of subjects of research all too commonly tilts in favor of progress….

“As you know, I do not believe that the current federal regulations on the protection of subjects of research go far enough.”1
Lack of Research Protections in the DoD and CIA

Failures to protect are not instances of the distant past. According to a 2010 investigatory report by Jason Leopold and Jeffrey Kaye2:
“In January 2004, the Director of Defense Research and Engineering (DDR&E) initiated a DoD-wide review of human subjects protection policies. A Navy slide presentation at DoD Training Day (PDF)3 on Nov. 14, 2006, hinted strongly at the serious issues behind the entire review.

“The Navy presentation framed the problem in the light of the history of U.S. governmental ‘non-compliance’ with human subjects research protections, including ‘U.S. Government Mind Control Experiments – LSD, MKULTRA, MKDELTA (1950-1970s)’; a 90-day national ‘stand down’ in 2003 for all human subject research and development activities ‘ordered in response to the death of subjects," as well as use of "unqualified researchers.’

The Training Day presentation said the review found the Navy ‘not in full compliance with Federal policies on human subjects protection.’ Furthermore, DDR&E found the Navy had ‘no single point of accountability for human subject protections.’”
This review was ordered in late January 2004, only a few months after the Supreme court had agreed to hear the case later known as Rasul v Rumsfeld, which would decide that the Guantanamo detainees had a right to challenge their detention. The DoD-wide review came over two years after a DoD directive authored by Paul Wolfowitz had indicated such procedures should be in place. As a result, none of the required assurances by the different Defense Department components regarding their human subjects protection policies had been filed with DDR&E. In effect, there was little or no oversight over DoD research policies at exactly the time when both DoD and CIA were engaged in an experimental torture program, or using detainee prisoners as human guinea pigs for the study of the effects of torture and harsh detention (about which more below).

The DoD directive (3216.02), authored by Paul Wolfowitz, mentioned in the paragraph above, was titled “Protection of Human Subjects and Adherence to Ethical Standards in DoD-Supported Research,” and released in March 2002. The directive was updated in 2011. But in its 2002 version, and for many years, it represented a significant weakening of human subjects protections, making waivers of informed consent the responsibility of lower-level heads of DoD divisions, and weakening protections that had been in place for decades by limiting research safeguards to “prisoners of war.” There had never been such loose rules on informed consent ever explicitly allowed in the history of military research.4 While protections against use of research on detainees, such as those held at Guantanamo, supposedly now restrict research or experiments on that population,5 the history of attempts by DoD officials to push back against such restrictions should not allow for further weakening of any protections now in place.

There are a number of other instances of lack of protection of research subjects under the Department of Defense. One of the most egregious, which like so many of these abuses, took decades to come to light, concerned the military’s Project Shad.

Project Shad was a DoD experiment that exposed at least 4,000 Navy men to various chemical agents and decontaminant chemicals, "including Bacillus globigii (BG), Coxiella burnetii [which causes Q fever], Pasteurella tularensis [which causes tularemia or 'rabbit fever'], Zinc Cadmium Sulfide, Beta-propriolactone, Sarin, VX, Escherichia Coli (EC), Serratia Marcescens (SM), Sodium Hydroxide, Peracetic acid, Potassium hydroxide, Sodium hypochlorite, ‘tracer amounts’ of radioactivity and asbestos, [and] Methylacetoacetate."6 The existence of these experiments was denied by the U.S. government for 35 years, until Congressional hearings were finally held in 2002.7 While back in 2002, there were major news reports on the subject, today the story has dropped off the radar. Nevertheless, the government website, Health.mil, still has a webpage dedicated to information on the subject.8

The history of abuses surrounding Project Shad, and other similar instances of dangerous military research, e.g. projects Copper Head, Flower Drum, Shady Grove, Autumn Gold, among others undertaken from 1963-1970, argue strongly against any lessening of human subjects protections when it comes to military research.

Finally, on the subject of military research, it is worth noting the warnings aired in a National Research Council (NRC) 2008 report on a conference on “Emerging Cognitive Neuroscience and Related Technologies.”9 Participants concluded, “On the whole… the system of protections for human research subjects is not well designed to capture instances of intentional wrongdoing,” providing “rather… guidance for well-motivated investigators who wish to be in compliance with regulatory requirements and practice standards.”

While some find the current “formal procedures in place for the use of military personnel in medical experiments” are “stringent,” that doesn’t imply “that no abuses can occur, nor that convenient alternative frameworks (such as field testing) cannot be used to circumvent the research rules, but only that the official policies and procedures in the military are rigorous.” (bold emphasis added)

But even with such supposedly “rigorous” policies, the report’s authors see a problem. They ominously ask whether “classified research can ever be ethically sound inasmuch as it lacks transparency, such as in the form of public accountability. For example, if a member of an ethics review board disagrees with a majority decision involving a classified human experiment, that member would be unable to engage in a public protest of that decision.”

I think the questions raised in the NRC 2008 report are germane and vital to the issue of NPRM changes on matters related to “intelligence surveillance” and “criminal justice activities.” In particular, the kinds of artifice that can be engaged in relation to what exactly constitutes research is precisely what makes changes in these sensitive areas of high concern.

One such instance where the issue of using field testing or adjustment of technique and program assessment vs. formal research, i.e., to test areas of generalized knowledge, concerns charges of experimentation by the CIA and DoD in regards to the application of interrogation techniques on prisoners captured in the “war on terror,” prisoners which the U.S. government removed from coverage by the “prisoner of war” provisions of the Geneva Conventions.

Research done by the government in relation to interrogation or detainees was usually couched in terms that the research was only program evaluation, as in the case of the Behavioral Science Consultation Teams at Guantanamo, or involved only research related to improvement of conditions for individual detainees, or response to specific applications of an interrogation technique, as when the CIA monitored the oxygenation level of a waterboarding victim.

The point is that in the case of intelligence or national security agencies, especially those aspects covered by secrecy and classification, or that are “covert,” determinations of what is and what is not research, i.e., what can be covered or monitored by the Common Rule, what the “exceptions” are, is actually nonsensical. Either the coverage is complete and total, or it is not.

Charges of CIA Experiments in Torture

In the case of the CIA experimental torture or “enhanced interrogation” program, OHRP referred any research misdeeds back to the agency itself, in this case, back to the CIA. Such is their policy, which is in this case is shown as grossly inadequate.

The fact remains, as documented in the recent release of the Executive Summary of the Senate Select Committee Intelligence report on the CIA’s torture program, that the plans for the “enhanced interrogation” program were formed in the same division of the CIA that ran the MKULTRA program.10

Do we really want less, not more, safeguards on “intelligence surveillance” activities?

On January 15, 2015, two United Nation Special Rapporteurs wrote an official letter to the U.S. government expressing their concern over “the role of health professionals in the Central Intelligence Agency (CIA) interrogation program, between 2001 and 2009, and the subsequent lack of investigation into these allegations.”11

The letter was prompted by new information released when in December 2014 the Senate Select Committee on Intelligence released a redacted version of its Executive Summary of its report on the CIA “enhanced interrogation” program. One section of the letter contained charges and concerns about the research component aspect of the CIA program.

I reproduce that section of their letter in its entirety, as it helps explain my contention that the secrecy of the intelligence and covert operations world cannot allow any weakening of research or informed consent protections, as the agencies involved are without moral scruple, and have a long and even recent history of covering up misdeeds.

From the Special Rapporteurs’ letter:
3. Engaging in potential human subjects experimentation to provide legal cover for torture

From the SSCI summary it can be inferred that the OMS officers played an active role in determining, along with the DoJ lawyers, what techniques would be considered authorised for the CIA to employ. The 2004 OMS Draft Guidelines stated “in order to best inform future medical judgments and recommendations, it is important that every application of the waterboard be thoroughly documented”. The OMS personnel analysed data previously collected from the detainees during torture to make generalized conclusions about the techniques. In 2004 and 2005, this data and analysis was provided to the DoJ’s Office of Legal Counsel to determine what techniques and applications would be legitimate under their interpretation of U.S. laws.

On at least two occasions, CIA personnel expressed concerns that this process would amount to human experimentation. Similarly, on 11 April 2005, OMS personnel expressed such concern when stating that the “OMS did not review or vet these techniques prior to their introduction, but rather came into this program with the understanding… that they were already determined as legal, permitted and safe. We see this current iteration as a reversal of that sequence”.

However, despite these concerns, the 2005 Office of Legal Counsel memos (known as the Bradbury memos) reveal that the final determinations on the legality and safety of the techniques relied heavily on OMS data and analysis.12
There was no known response to this letter.

A Mysterious Use of Research Regarding the Department of Justice and the HIG

The NPRM states that the suspension of the common rule for “intelligence surveillance” includes “interviews, surveillance activities and related analyses... where these activities are conducted by a defense, national security, or homeland security authority solely for authorized intelligence, homeland security, defense, or other national security purposes.”13

The proposed Criminal Justice exclusion from the Common Rule involves “data collection and analysis that enables the uniform delivery of criminal justice. The scope of this exclusion is collection and analysis of data, biospecimens, or records by or for a criminal justice agency for activities authorized by law or court order solely for criminal justice or criminal investigative purposes. The activities excluded are necessary for the operation and implementation of the criminal justice system.”14

How does this look in light of the reality of research undertaken within the arcane workings of the criminal justice system? One example occurred during the interrogation of accused would-be assassin Manssor Arbabsiar. Under interrogation after arrest in 2012, a “research psychologist,” Susan Brandon, unknown to Arbabsiar was making observations and notes on defendant Arbabsiar. The research appears to have been for the FBI-led High-Value Detainee Interrogation Group, or HIG, for whom Dr. Brandon worked as “Chief of Research.”

According to another psychologist contracted to the government, Gregory H. Saathoff, Brandon was present during all of Arbabsiar’s post-arrest questioning, viewing him via closed-circuit camera, where she “closely monitored and documented Mr. Arbabsiar’s behaviors.”15

She produced a 21-page document, which has been withheld from public view, the subject of a court protective order.16 Brandon’s document, and hence her research, became part of the prosecution’s case against Arbabsiar, and was apparently part of the process of reaching a plea bargain with him and his attorneys. How did a secretive research protocol become part of a prosecutor’s evidence against a defendant?

As I wrote at the time: “So what was the administration’s top interrogation researcher doing at Arbabsiar’s interrogation? And if she was doing research, was Arbabsiar so informed? And whether he was or not, what in her role as researcher later led Brandon to file a report with the court? These are all important questions....” (see endnote vi)

In the context of the new proposed changes in the Common Rule, the questions involved are vital to the workings of both science and of a democratic society.

Research on Prisoners

Related to the Criminal Justice and Intelligence Agency exclusions are calls for weakening the protections regarding use of prisoners in research, which currently fall under Subpart C of the Common Rule. The very way this is brought up in the call for discussion is insulting: “The subpart was written in the wake of harsh criticism regarding research abuses involving prisoners that occurred or became public in the 1960s and 1970s.”

This was not simply “harsh criticism,” but well documented instances of horrific abuse of prisoners. The classic work in this field was Allen Hornblum’s book, Acres of Skin: Human Experiments at Holmesburg Prison, published by Routledge in 1998. There is no reason to lighten the restrictions against such research, which was the result of decades of abuses. Whatever positive results regarding such lightening of restrictions on consent in this case are outweighed by the dangers of unchecked power over a vulnerable population, the examples of which ruined untold number of lives.

As Mr. Hornblum concluded at the end of his book:
"It couldn't happen in America" we reassured ourselves about medical practices in Nazi Germany. But intolerable medical practices were practiced on vulnerable populations in America, without the support of the political culture or the despotic leadership that captivated Germany under the Third Reich, without any protest from the AMA, which prides itself on its ability to regulate itself.

History suggests that we are as susceptible to abusing our socially and economically disenfranchised citizens as any other nation. If, as many believe, a democracy is only as strong as the respect accorded its weakest members, we must work to assure that neither these abuses nor the "conspiracy of silence" that makes them possible ever happen again. We must do this not only for the benefit of the powerless, but also for the benefit of society as a whole.17
In conclusion, I ask that the NPRM changes proposed for weakening of protections on issues related to “intelligence surveillance” and “criminal justice activities,” as well as weakening protections related to Subpart C of the Common Rule relating to research protections for prisoners, be soundly rejected.

Sincerely,

Jeffrey S. Kaye, Ph.D.

Endnotes:

1Advisory Committee on Human Radiation Experiments, Public Meeting, Tuesday, July 5, 1994, Presentation by Jay Katz. URL: http://nsarchive.gwu.edu/radiation/dir/mstreet/commeet/meet4/trnsct04.txt

2Jason Leopold and Jeffrey Kaye, “Wolfowitz Directive Gave Legal Cover to Detainee Experimentation Program,” Truthout, Oct. 14, 2010. URL: http://www.truth-out.org/news/item/257:wolfowitz-directive-gave-legal-cover-to-detainee-experimentation-program

3“DON Human Research Protection Program: What’s New -14 November 2006.” URL: http://www.dtic.mil/biosys/docs/hu-navy_cs-2006.pdf

4See Jason Leopold and Jeffrey Kaye at i. above.

5See “New DoD Directive on Detainees Allows Sleep and Sensory Deprivation, Biometric IDs,” Invictus, September 17, 2014. URL: http://valtinsblog.blogspot.com/2014/09/new-dod-directive-on-detainees-allows.html?m=1

6“American Servicemen Used As Guinea Pigs - Tests Revealed DOD Releases Project SHAD Fact Sheets”, (no date, but first webpage circa 2002). URL: http://web.archive.org/web/20070221064138/http://www.testsubjects.net/shad.htm

7Hearing Before the Subcommittee on Health of the Committee on Veterans’ Affairs, House of Representatives, One Hundred Seventh Congress, Second Session, October 9, 2002, “Military Operations Aspects of SHAD and Project 112.” URL: http://web.archive.org/web/20090805150741/http://fhp.osd.mil/CBexposures/pdfs/oct9h02.pdf

8See “Project 112/SHAD,” (no date), URL: http://www.health.mil/Military-Health-Topics/Health-Readiness/Environmental-Exposures/Project-112-SHAD

9See Jeffrey Kaye, NRC on Research on “War on Terror” Detainees: “A Contemporary Problem,” February 12, 2011. URL: https://shadowproof.com/2011/02/12/nrc-on-research-on-war-on-terror-detainees-a-contemporary-problem/

Also National Research Council (NRC) 2008 , “Emerging Cognitive Neuroscience and Related Technologies”. URL: http://www.nap.edu/read/12177/chapter/6#118

10Jeffrey Kaye, “SSCI Report Reveals CIA Torture Program Originated in Same Department as MKULTRA,” The Dissenter (later changed name to Shadowproof), December 11, 2014,. URL: https://shadowproof.com/2014/12/11/ssci-report-reveals-cia-torture-program-originated-in-same-department-as-mkultra

11Dainius Puras and Juan E. Méndez, Letter to the U.S. Government, January 15, 2015, “Mandates of the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health and the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment.”
URL: https://spdb.ohchr.org/hrdb/29th/public_-_OL_USA_15.01.15_%281.2015%29.pdf

12Ibid., pp. 3-4.

13Federal Register, Vol. 80, No. 173, Tuesday, September 8, 2015, Proposed Rules., p. 20. URL: https://www.gpo.gov/fdsys/pkg/FR-2015-09-08/pdf/2015-21756.pdf

14Federal Register, Vol. 80, No. 173, Tuesday, September 8, 2015, Proposed Rules., p. 18. URL: https://www.gpo.gov/fdsys/pkg/FR-2015-09-08/pdf/2015-21756.pdf

15Jeffrey Kaye, “Government’s Psychological Evaluation of Manssor Arbabsiar Fails to Impress,” The Public Record, October 10, 2012. URL: http://pubrecord.org/law/10586/governments-psychological-evaluation/

16U.S. District Court, Southern District of New York, Protective Order, 11 Cr. 897 (JFK), USA vs. Manssor Arbabsiar, August 15, 2012. URL: https://www.documentcloud.org/documents/459526-8-15-12-protective-order-manssor-case.html

17Hornblum, Allen M. (2013-05-13). Acres of Skin: Human Experiments at Holmesburg Prison (Kindle Locations 4625-4631). Taylor and Francis. Kindle Edition.

Saturday, November 28, 2015

Top U.S. Psychologist Admits He Met with CIA Interrogator Days Before Zubaydah Torture

In December 2013, I wrote an account of a meeting by famous U.S. psychologist Martin Seligman with James Mitchell only days before the latter flew to Thailand to begin the CIA torture of purported Al Qaeda figure Abu Zubaydah. The account drew upon original reporting by Georgetown University law professor M. Gregg Bloche in his 2011 book, The Hippocratic Oath.

After the article was written, Seligman wrote both Bloche and myself to criticize my article as "entirely fiction." Until recently, that's how the matter stood.

But among the many interesting factual tidbits included in the release of Chicago attorney David H. Hoffman's "independent review" on the American Psychological Association's "Ethics guidelines, National Security Interrogations, and Torture," was an admission by Seligman that the Spring 2002 meeting with Mitchell indeed took place, vindicating Bloche's account and my article.

"So much for 'fiction,'" Bloche wrote in an email to me.

"Entirely fiction"

Mitchell's own connection with the CIA torture program has been the subject of analysis by various Congressional investigations (most recently by the Senate Select Committee on Intelligence), various books, articles, and even interviews with Mitchell himself.

I argued in a December 2013 article at The Dissenter/Firedoglake (still available online at FDL's successor website, Shadowproof) that the April 2002 meeting between Seligman, CIA Chief of Behavioral Sciences Staff Kirk Hubbard, James Mitchell, and potentially others, was important, as it came just before Mitchell left to take over the black site interrogation of Abu Zubaydah. It was this interrogation, with its implementation of the CIA's so-called "enhanced interrogation techniques," including waterboarding, that led to the first in a series of Department of Justice memoranda essentially legalizing torture.
Various reports say that Seligman met Mitchell and Jessen twice before, in December 2001 and May 2002. What hasn’t been reported previously was that Seligman also allegedly met with Mitchell literally days before Mitchell and another CIA psychologist, Kirk Hubbard, were called to fly to Thailand, where the CIA was holding a very special “high-value” prisoner, the terribly injured Abu Zubaydah.

While Seligman has discussed his interactions with Mitchell numerous times before (here’s one such link), he never mentioned this other meeting — in late March or early April 2002 — whose timing was so suspicious. Within days, Mitchell arrived in Thailand to take over Zubaydah’s interrogation from FBI agents and institute his “new” version of “enhanced interrogation” that relied on a theory — “learned helplessness” — associated with Seligman himself....

I emailed Seligman to ask him to confirm or deny Bloche’s allegation, and offered him plenty of space in this article to explain himself. I never heard back from him.
But I did hear back from Seligman after the article was published. I published the December 9, 2013 email from Seligman in full as an "update" to the original article:
Dr. Seligman has emailed me this morning with a reply to this article. It states, in full: 
“Dr. Kaye: Your allegation is entirely fiction.

“To the best of my knowledge, I have met Mitchell exactly twice. Once at my home in December of 2001, and once at the SERE meeting. There was no other meeting BEFORE or after the SERE meeting.

“Once again, I disapprove of torture. I have never and would never aid or abet it.

“Martin Seligman”
Note the precision of his complaint: "exactly twice."

Seligman was evidently furious about the charges I published (taken from Bloche's account). He also wrote to the editor of the Firedoglake/Dissenter blog where it was published, and to Jane Hamsher, the owner and founder of the blog.

But Seligman's account later changed. Here's how the events surrounding the Spring 2002 meeting were described in Hoffman's report. (The footnote numbers refer to emails by Hoffman's team with Seligman, and in one case, an interview with Mitchell himself by Hoffman or Hoffman's associates. See full report for full details - large PDF).
... [CIA psychologist Kirk] Hubbard stated that he, Mitchell, and Jessen met with Seligman in his home to invite him to speak about learned helplessness at the SERE school in Spring 2002.653 As discussed above, Seligman said that he could not recall meeting with Mitchell or Jessen apart from the December 2001 meeting at his home. Rather, Seligman thought that he was invited to speak at the SERE school during the April 2002 meeting with Hubbard and a female lawyer.654 However, after discussing the meeting with Hubbard during the course of the investigation, Seligman "surmise[d]” that there must have been an additional meeting in April with Mitchell and Jessen, and that it must have been at that meeting that he was invited to speak at the JPRA conference in May 2002.655
Kirk Hubbard: Chief of CIA's Behavioral Sciences Staff

Kirk Hubbard is a key figure in the torture scandal. He was ostensibly an employer or agent running Mitchell and Jessen for the CIA (though Mitchell earlier worked for CIA's Office of Technical Services). Hubbard describes himself many times in emails quoted in the Hoffman report as "Chief of the Research & Analysis Branch, Operational Assessment Division, Special Activities Group, CIA." However, on a few other occasions he also refers to himself in emails as "Chief of the Behavioral Sciences Staff at the Central Intelligence Agency."

According to a brief professional biography submitted for his participation in the 2003 APA/RAND Corporation/APA "Science of Deception: Integration of Theory and Practice" workshops, Hubbard spent the 1990s "working for the CIA as an operational psychologist."

In general," Hubbard said, "this involves supporting covert operations in the area of recruiting and handling spies. I conducted cross-cultural psychological assessment for nine years throughout Asia, Africa, Europe, and the Middle East. In 2000, I started a Research & Analysis component within the Operational Assessment Division" [OAD].

According to Hubbard, R&A's work at OAD was focused on "issues such as cross-cultural assessment models (including psychometric and non-psychometric methodology), terrorism and counter-terrorism, detecting deception, motivation and social influence, computer modeling for predicting behavior, and other issues within the realm of the behavioral sciences."

In fact, Hubbard's work with Mitchell and Jessen — and the fact he later joined the latter's company that contracted on interrogations and torture at the CIA's "black site" detention centers — shows he was heavily involved in interrogations work and probably on research on interrogations. "Detecting deception," models for "predicting behavior," "counterterror" are all codewords or euphemisms for work related to interrogation. And when one talks about the CIA and interrogation, it is widely understood now that we are talking about torture.

Failing to Connect the Dots

It is an ancient nostrum that where there is smoke, there is fire. But Hoffman, who my previous research showed had past and somewhat recent associations with top CIA figures George Tenet and Kenneth J. Levit (see here and here), fails to connect the dots on APA and CIA collusion, even as his research adds a number of new "dots" to connect.

In his report, Hoffman and his team couldn't help but see that former top APA officials, including APA ex-presidents Ronald Fox, Joseph Matarazzo, and Martin Seligman "were clearly brought closer to the circle of knowledge through important interactions with Hubbard and Mitchell." Still they said "we did not find evidence that there was a significant link between APA and their interactions or communications with the CIA."

Hoffman's report contains separate sections looking at evidence of CIA/APA connections concerning Joseph Matarazzo, Philip Zimbardo, Martin Seligman, Melvin Gravitz, and yet another former APA president, Robert Sternberg. Yet in each and every case, despite lots of evidence showing connections between all these individuals and contemporary staff at APA and CIA, the individuals in question are found unworthy of further investigation. Other important figures are mentioned, like ex-APA president Ronald Fox, only to be dropped, the significance of his actions left dangling.

Hoffman's own researchers found evidence that Seligman was very important to the CIA's Kirk Hubbard. A March 2004 email from Hubbard to the APA's Geoff Mumford and Susan Brandon plaintively described, "My office director would not even reimburse me for circa $100 bucks for CIA logo t-shirts and ball caps for Marty Seligman's five kids! He's helped out alot over the past four years so I thought that was the least I could do."

In his report, Hoffman seems to accept Seligman and Hubbard's contention that Hubbard's email refers to Hubbard thanking Seligman "only for his involvement in the meetings that have become public knowledge." Indeed, Hoffman contends his research had "not uncovered evidence that Seligman had interactions with the CIA beyond the isolated meetings and lectures in the year after 9/11 that are a matter of public record." (Hoffman report, p. 164)

Yet Hoffman did discover that Seligman had met Hubbard and Mitchell (and it turns out, Bruce Jessen) at a Spring 2002 meeting that Seligman had disavowed. The significance of that lapse of memory, if it was that, is never explored by Hoffman, nor is the temporal link between that meeting and Mitchell's abrupt departure to Thailand and an ominous encounter with supposed high-value prisoner Abu Zubaydah, falsely labelled for years as a top Al Qaeda figure.

Most egregious, perhaps, is Hoffman's treatment of Matarazzo, who was himself a member of both Mitchell and Jessen's contracting company and a CIA "ethics" advisory panel (see section below). According to Hoffman, "We did not find any connection between this topic [Matarazzo's role in Mitchell and Jessen's company] and APA actions or decisions about its ethics policies or government interrogation policies or activities, and therefore did not consider this a central part of our investigation. We therefore did not take further steps to determine what Matarazzo’s role was in Mitchell Jessen & Associates."

Here was a key APA and CIA figure at the very heart of the CIA's torture program, who many emails and other documentary evidence showed was involved in numerous interactions with other former and contemporary APA figures. According to Hoffman, it was Matarazzo who introduced Seligman to the CIA's Hubbard, and yet Matarazzo is not deemed "central" to "government interrogation policies or activities"? Matarazzo, who Hoffman documents was on a CIA ethics board staffed by psychologists, and wrote a special document on the ethics of using "sleep deprivation" has nothing to do with "ethics policies"?

Training people to keep things secret

The Hoffman report did add an escape hatch for its authors, in a key caveat to their report findings regarding the CIA (bold emphasis added):
It is a fair question whether important interactions between these very prominent former APA officials also entailed, led to, or were connected to important interactions between APA and CIA. Except for very limited instances, we did not see any evidence of this in our examination of APA emails and other documents, and in our interviews, despite having found a very substantial amount of email and documentary evidence establishing important interactions between APA and government officials in other contexts, as set out above and below. On the one hand, this makes sense, since prominent psychologists who are former APA Presidents and Board members would not necessarily think that their interactions with the CIA about these issues would call for them to contact the APA, unless the CIA had specifically requested something from APA. On the other hand, we keenly recognize that in investigating activities involving the CIA, an agency that trains people to keep things secret for a living, we are especially limited in our ability to determine definitively what occurred, and therefore we are aware that our conclusions can only be based on the evidence available to us. This is especially true when the interactions are between CIA officials and individuals who were not APA officials or employees at the time, since their emails would not necessarily have been within APA’s system. [p. 46]
Indeed, Hoffman's conclusions and emphases appear in part to be an artifact of exactly what information was available to him. This may be appropriate for the role he was in, but even with the facts before him, Hoffman made certain choices of emphasis that were questionable. In addition, the process of gathering information was flawed, as no recordings — and therefore, no reliable transcripts — of his interviews were made, as Hoffman himself told me. All representations of what witnesses said came from notes from investigators, and those notes from interviews have not been released.

Hoffman's conclusions about the CIA's influence appear in part based on assurances given to him by former (?) CIA psychiatrist/researcher Charles Morgan: "CIA contract psychiatrist Andy Morgan told us that he saw no indication that APA officials were read into or received any information about the interrogation program or the interrogation activities of Mitchell, Jessen, or others" [p. 40]. Of course, if Morgan had seen some indication APA officials were "read into" any top secret CIA program, he would not have told Hoffman, or anyone else without a "need to know." In fact, such assurances by a CIA official are meaningless, unless they were given specific permission to speak in that regard by the CIA.

Hoffman, who used to work in a Congressional office that was responsible for intelligence oversight, certainly knows about these kinds of secrecy. His statement seems disingenuous, and possibly deliberately misleading. Yet, Hoffman went out of his way to state that he considered Morgan a "credible source of information," something he did not say about almost anyone else in his investigation.

A full analysis of the interactions of CIA with APA will be matter for a future article. I think it is fair to say that Hoffman and his team minimized the impact and influence of the CIA. Even in a section that briefly summarized the past history of CIA financial support for behavioral research, Hoffman failed to mention a number of key CIA researchers who also had histories as APA presidents, including D.O. Hebb and Harry Harlow. The latter two are important as they supplied key elements to the CIA torture program, namely its emphasis on sensory deprivation, and the use of dependency instilled via fear and induced debility to break prisoners' will.

But because real events in the world, as opposed to say, ideologies, are gray, and not black and white in their effects and implications, the Hoffman report also presents a great deal of value, as for whatever reason, Hoffman saw his role as conducting, within the constraints given to him, a real investigation. As a result, there is much in the report, and even more so in the binders of documentary material gathered by the Hoffman investigation that APA released along with the report, that is valuable to those trying to construct a true history of the U.S. torture program.

CIA's Professional Standards Advisory Committee

One key element is the elucidation of the role of the CIA's Professional Standards Advisory Committee (PSAC). PSAC's members were all high APA officials, past or present, including (either as official members or sometime consultants) former APA presidents Matarazzo and Fox, and CIA psychologists Kirk Hubbard and Mel Gravitz, and possibly also Phil Zimbardo. PSAC invited other psychologists to their meetings.

While the full story behind PSAC's role in interrogations remains to be discovered, Hoffman did mention the fact that two key members of the group, Matarazzo and Gravitz, were involved in interpreting the "ethics" of interrogation techniques.

One PSAC meeting discussed in the report took place on January 25, 2002, and included participation by James Mitchell and Susan Brandon. Mitchell is well-known, if not notorious, but Brandon is much less known, even though today she is a top research official on interrogation in the Obama administration, affiliated with the government's High-value Interrogation Group, also known as the HIG. Hoffman concludes that despite the fact "reasonable people" would have concluded Brandon, and APA associate Geoff Mumford, would have thought Mitchell, Jessen, and other CIA personnel were involved in interrogations at black sites, he finds "denials that they knew about the CIA’s interrogation program to be credible." (Hoffman report, p. 45)

Hoffman states he did not find any "current APA officials like Mumford and Brandon were read into or were aware in any significant way of the CIA’s interrogation program, which was classified, or had any meaningful knowledge of what Mitchell, Jessen, or other CIA personnel involved in interrogations were doing." Of course, such evidence of being "read into" a covert program would not have been available to Hoffman, as the report elsewhere notes.

In 2003, Brandon worked closely with Hubbard and other APA officials, as well as a RAND researcher, Scott Gerwehr, on a workshop sponsored by both APA and CIA that looked into the issue of "deception." The APA later scrubbed references to a workshop to this conference, held at RAND's Virginia headquarters, which discussed ways to "overwhelm the senses" of someone interrogated, and asking, "What pharmacological agents are known to affect apparent truth-telling behavior?"

Hoffman, almost teasingly, let the significance of such topics go unexamined.

Jessen's Resume

The Hoffman report states, "Hubbard said that his work within OAD had absolutely no connection to interrogations, and that OAD was totally separate from the CIA’s Counterterrorism Center (“CTC”).613 Hubbard was aware of only two individuals in OAD who had any involvement in interrogations: Mike McConnell, an operational psychologist in a different branch of OAD, and Judy Philipson,614 who did work on interrogations before joining Hubbard’s Research and Analysis Branch.615 Hubbard explained that he was introduced to Mitchell and Jessen through McConnell, and that he later introduced Mitchell and Jessen to Jim Cotsana, the Chief of Special Missions within the CTC." (Hoffman report, pp. 157-158)

One thing for sure: both Mitchell and Jessen were more highly connected in the national security community than the press or Congress will admit. Jessen's own 2003 resume included reference to consultations conducted with the CIA, FBI, DoD, Department of State, Department of Homeland Security, the NSA, DIA, and "Allied Nations, Civilian Corporations, State and Private Institutions." One of those private institutions was certainly Tate, Inc., whose chair, David Ayers, was also on the executive board of Mitchell-Jessen and Associates. Jessen also notes he worked as a "counter-terror expert" and a "debriefer" for one or another IC organization. (Jessen's resume is on PDF pages 1345-1349 of Hoffman-APA's Binder 2 material [large PDF]. Note, the third page of Jessen's resume is totally blanked out, without explanation.)

Back in September 2003, Ayers told APA Science Directorate staffer Heather Kelly that Jessen worked for Tate. It was Ayers -- whose company also supplied contract psychologists to the military's SERE program, and possibly for other classified purposes -- who sent APA's Kelly Bruce Jessen's resume, with a suggestion APA might use him as a consultant or resource of some sort at some point. Indeed, Jessen's resume touted his connections with special operations, noting "18 years of experience in all aspects of research, selection, training, clinical intervention, and operations of USG Special Mission Units."

Ayers would become, along with Matarazzo, another member of Mitchell-Jessen's governing board.

The mention of CIA psychologist Judy Philipson above is notable as it brings us full around to the Spring 2002 Seligman meeting with Hubbard and Mitchell. According to Seligman's account to Hoffman's investigators, he met Philipson and another CIA-OAD psychologist, Liz Vogt, at a meeting to discuss "learned helplessness" sometime before the April 2002 meeting with Hubbard and Mitchell. In addition to his meeting with one important and well-linked CIA "operational psychologist," Seligman's new account also adds another important piece of information: Bruce Jessen was also at that April 2002 meeting.

According to Hubbard, Judy Philipson was married to Jonathan Fredman, chief counsel to the CIA's Counter-Terrorism Center. Fredman famously visited Guantanamo in October 2002, informing Gitmo interrogators how to obtain "more license to use more controversial techniques." Even more famously, at the same Guantanamo meeting, according to a set of minutes taken there, Fredman reportedly said, "If the detainee dies you're doing it wrong."

Vogt was also said to be married to another CTC attorney. Was this a coincidence, or were the psychologists acting as messengers, or covert actors, for CTC figures -- happened to be their husbands -- who were involved in the CIA's "enhanced interrogation program"? (Was Vogt actually a psychologist, though? According to this December 2007 article, she was a CIA attorney. Maybe she was both?)

There is much to learn from the diligent work of Hoffman and his investigators. There is also much work to be done to link the dots that these same investigators and Hoffman failed to connect, and construct an alternate narrative of the material he covers. Philipson's meeting with Seligman is yet another link between the CIA and top U.S. psychologist Seligman, the author of the theory of "learned helplessness," used by Mitchell and Jessen and other unnamed CIA officials in the construction of their torture program.

A Dubious Narrative

One recent alternate, if dubious, narrative was recently published (PDF) by those who defend the role of the Department of Defense and APA in relation to the torture scandal, and in particular Hoffman's condemnation of DoD-APA collusion in the construction of APA's Psychological Ethics and National Security, or PENS, task force. This new "report" is self-serving and dubious, but worthy also of its own analysis. The report was authored by Colonel (Ret.) L. Morgan Banks (former chief of the Directorate of Psychological Applications of the U.S. Army Special Operations Command); Colonel (Ret.) Debra L. Dunivin (former Behavioral Science Consultant at Guantanamo); Colonel (Ret.) Larry C. James (former chief psychologist at Guantanamo); and former chief of the APA's practice directorate, Dr. Russ Newman.

Banks, et al., have asked that Hoffman release all his interview notes. It is the only supportable argument they make, as their report retails the same alibis and falsehoods DoD and the U.S. government has used for years to hide abusive interrogations. One key lie concerns DoD's supposed adherence to the Convention Against Torture, while masking the fact that the U.S. Reservations and Understandings to that document eviscerated compliance with it. The latter was in fact a key component of the Bush-era OLC memos that used legalese to legitimate torture. It's no prettier when Banks, Dunivin, James and Newman do it.

Most of what has been published in the mainstream press on the Hoffman report has almost no original analysis, but presents the spin of APA critics who have their own agenda. That agenda is certainly worthwhile, i.e., to turn APA away from being a mere facilitator for the national security state. Already the report has had the effect of making APA change its policy (at least on paper) regarding the participation of psychologists in national security interrogations something now forbidden. Whether or not that will ever be enforced is another battle that is now underway within that organization.

Meanwhile, a number of top psychologists and psychiatrists and other scientists and medical officials have managed to once again slip away from full accountability for their actions during the construction and implementation of the U.S. torture program. Given that the torture program was never completely dismantled, and portions of it remain within the official military manual mandated for use by both the military and the CIA, all of the issues discussed herein remain of top relevance.

The full story is still not out there, but with the publication of the SSCI report and now the Hoffman report and associated materials, we are edging closer.

Wednesday, January 29, 2014

Group Condemns APA's Ethics Decision on Former Guantanamo Psychologist

Psychologists for Social Responsibility (PsySR) released a copy of a letter they sent to the Ethics Office of the American Psychological Association (APA). The letter sharply criticizes APA for sitting seven years on an ethics complaint made against Dr. John Leso, who was a military psychologist at Guantanamo and an early member of that prison's Behavioral Science Consultant Team (BSCT). Rather than a dust-up between psychology groups, the issue goes right to the heart of the US's ability to conduct coercive interrogations and torture with the input of behavioral specialists.

On December 31, 2013, the APA sent a letter to psychologist and complainant Trudy Bond, who in 2007 had filed a complaint against Leso for his reported participation in torture at Guantanamo, that APA was not going to hold make formal charges against Leso. They said they were closing the case.

A week ago, Spencer Ackerman at The Guardian broke the story on the APA's decision, which caused a great deal of consternation among psychologists who have been working against torture, and who support Bond and others who have made ethics or legal complaints against Leso and other psychologists involved in torture. (Full disclosure: I'm one of those psychologists supporting Trudy, and a member of PsySR.)

Ackerman described Leso's role in the most famous of his nefarious deeds, his participation in the torture of Mohammed al-Qahtani:
Leso was identified as “MAJ L” in a leaked log, published by Time magazine in 2005, of Qahtani’s marathon interrogation in November 2002. With Leso recorded as present for at least some of the session, Qahtani was forcibly hydrated through intravenous drips and prevented from using the bathroom until he urinated on himself, subjected to loud music, and repeatedly kept awake while being “told he can go to sleep when he tells the truth”.

At one point, Qahtani was instructed to bark like a dog.

“Dog tricks continued and detainee stated he should be treated like a man,” the log records. “Detainee was told he would have to learn who to defend and who to attack.”

During an interrogation on 27 November 2002, the log records a direct intervention by Leso: “Control puts detainee in swivel chair at MAJ L’s suggestion to keep him awake and stop him from fixing his eyes on one spot in booth.”
For more on Leso, see the information posted at The Center for Justice and Accountability.

In a key section of their letter, PsySR's steering committee tells APA: "Evidence clearly exists that Dr. Leso and other psychologists have utterly failed to ensure that detention and interrogation operations at Guantánamo and elsewhere were kept 'safe, legal, ethical, and effective.' By closing this case in the manner you have chosen, it is only reasonable for members and the broader public to assume that APA will never sanction any psychologist participating in government-sanctioned abuses. No statements from APA’s PR office will change this perception."

Indeed, APA has been the biggest backer of psychologist participation in interrogations. APA's former Chief Scientist, for instance, Susan Brandon, is Chief of Research for the Obama Administration's High Value Detainee Interrogation Group, and was last seen involved in murky ways in the interrogation of purported Iranian assassin-would be, Mansour Arbabsiar.

APA claims that it is against torture and has issued numerous statements against psychologist participation in torture. While I believe APA membership is certainly anti-torture -- a member-initiated referendum passed calling for APA to support removal of psychologists from sites of human rights violations -- APA's leadership has moved over and over to sabotage any real anti-torture actions. The referendum has never been actualized in action. APA has never called for the closing of Guantanamo. Their anti-torture resolutions are eviscerated by legalistic and/or bureaucratic maneuvers.

In this, it must be said, they follow the plan constructed by their government mentors, who chopped down the significance of the U.S. signing of the UN Convention Against Torture by encumbering it with "reservations" and "understandings" that greatly reduced the power of the treaty to in fact exercise state power to rein in torture.

Below is the full text of PsySR's letter. Readers should feel free to copy and share.
January 29, 2014

Stephen Behnke, JD, PhD
Director, Ethics Office
American Psychological Association
750 First Street, NE
Washington, DC 20002-4242

Lindsay Childress-Beatty, JD, PhD
Director of Adjudication/Deputy Director, Ethics Office
American Psychological Association
750 First Street, NE
Washington, DC 20002-4242

Dear Drs. Behnke and Childress-Beatty:

As representatives of Psychologists for Social Responsibility (PsySR), we write to express our deep concern and dismay over the recent decision by the Ethics Office of the American Psychological Association to dismiss the Complaint against Dr. John Leso, a former military psychologist at Guantántamo Bay Naval Base. According to your 31 December 2013 letter to complainant Dr. Trudy Bond (a PsySR member), your office does not dispute that Dr. Leso was instrumental in devising and administering the Guantánamo “enhanced interrogation” protocol in 2002. Declassified government documents and independent reports have revealed that this protocol included, but was not limited to, weeks or months of solitary confinement; sleep deprivation; sexual humiliation; exposure to extreme cold; prolonged removal of sheets, blankets, wash cloths and religious items; 20-hour interrogations, and painful stress positions.

The Ethics Office took almost seven years to review one of the most egregious examples of unethical behavior in the history of American psychology. Due to unusual circumstances (leaks and release by Congress of classified documents) more information is available about Dr. Leso’s participation in government-sanctioned torture and abuse than may ever be the case for any other APA member. Dr. Leso co-wrote the plan for and is documented as directly participating in the interrogation of Mohammed al-Qahtani. This interrogation was described as meeting the legal definition of “torture” by Susan Crawford, the Bush administration convener of the Guantánamo military commissions.

In the end, your office apparently decided that Dr. Leso’s months of involvement with the torture program were wholly mitigated because he did not volunteer to lead the Behavioral Science Consultation Team (BSCT) that formulated the protocol; he was an early-career psychologist; and he reportedly expressed unease with the assignment and a preference for “rapport-building” methods. In reaching its decision the Ethics Office has set a stunning and disturbing precedent. Your office has now provided another layer of protection to psychologists who participate in the debilitating isolation of prisoners, the psychological abuses still permitted by Appendix M of the Army Field Manual, the brutal force-feeding of Guantánamo hunger-strikers, or other ethical violations. As well, this logic suggests that psychologists who engage in insurance fraud or sexual relations with their patients can evade censure if they are relatively inexperienced and express discomfort in advance of or concurrent with their actions.

For years APA has insisted that it would sanction any member for whom credible evidence existed of participation in torture or cruel, inhuman or degrading treatment, yet no psychologist has ever been held accountable for involvement in our government’s post-9/11 torture program. Evidence clearly exists that Dr. Leso and other psychologists have utterly failed to ensure that detention and interrogation operations at Guantánamo and elsewhere were kept “safe, legal, ethical, and effective.” By closing this case in the manner you have chosen, it is only reasonable for members and the broader public to assume that APA will never sanction any psychologist participating in government-sanctioned abuses. No statements from APA’s PR office will change this perception.

At this point, your office must realize that the Leso decision is being widely discussed in the media and has become a matter of profound concern to many members of the profession. We therefore believe that it is important for the Ethics Office to provide greater clarity regarding two key issues: First, substantively, how does this landmark decision align with the specific principles and standards of the APA's code of ethics, and with longstanding professional prohibitions against involvement in torture and abuse? Second, procedurally, how was the decision to close the case reached? While you state that the complaint was “carefully reviewed by multiple reviewers,” it is unclear who these reviewers were. Does this decision reflect an official vote of the entire Ethics Committee, or rather action taken by the Director of the Ethics Office, or some other group of reviewers, without the participation of the full committee? Confidentiality about these matters serves, in our perception, no constructive purpose and instead raises confusion and uncertainty about the priorities and procedures of the Ethics Office. We therefore request that this information be made public in order to begin to rebuild the moral authority of the profession.

We look forward to your timely reply. Thank you.

Sincerely,
The Steering Committee of Psychologists for Social Responsibility

cc: Members of the APA Ethics Committee
Members of the APA Board and Council of Representatives

Tuesday, January 29, 2013

New Document Details Arguments About Torture at a JSOC Prison

Journalist Michael Otterman, author of the excellent book, American Torture: From the Cold War to Abu Ghraib and Beyond, was kind enough to forward to me some months ago a document he obtained via the Freedom of Information Act. The document consists of the after-action reports made by Colonel Steven Kleinman and Terrence Russell, two of the three team members sent by the Joint Personnel Recovery Agency (JPRA) to a top-secret special operations facility in Iraq in September 2003.

The reports, written shortly after both JPRA officials finished their assignment, present two starkly different accounts of what took place that late summer in the depths of a JSOC torture chamber. Even more remarkable, Col. Kleinman, who famously intervened to stop torture interrogations at the facility, had his own report submitted to Russell for comment. Indeed, Kleinman's report as released contains interpolations by Russell, such that the documents become a kind of ersatz debate over torture by the JPRA team members, and at a distance, some of the Task Force members.

This extraordinary document is being posted here in full for the first time. Click here to download.

"Cleared Hot"

Kleinman told the Senate Armed Services Committee (SASC), which in 2008 was investigating detainee abuse in the military (large PDF), that he thought as Team Leader (and Intelligence Director at JPRA's Personnel Recovery Academy) he was being sent to the Special Mission Unit Task Force interrogation facility to identify problems with their interrogation program.

Much to his surprise, he and his JPRA team were being asked to provide training in the kind of techniques originally used only for demonstration and "classroom" experience purposes in the military's Survival, Evasion, Resistance, Escape, or SERE program. (JPRA has organizational supervisory control over SERE, though the constituent arms of the military services retain some independence in how they run their programs.)

But not far into his mission, JPRA's Commander, Colonel Randy Moulton, told Kleinman and his team they were "'cleared hot' to employ the full range of JPRA methods to include specifically the following: Walling - Sleep Deprivation - Isolation - Physical Pressures (to include stress positions, facial and stomach slaps, and finger pokes to chest) - Space/Time Disorientation - White Noise".

The story of the JPRA team visit and how it went bad, how Kleinman intervened when he saw a kneeling prisoner being repeatedly slapped, how he refused to write up a torture interrogation protocol for use at the TF facility -- widely believed to be Task Force 20 (as reported by Jane Mayer in her book The Dark Side: The Inside Story of How the War on Terror Turned Into a War on American Ideals) -- has been told at this point a number of times.

But never has the degree of acrimony and conflict that went on between Kleinman and his other JPRA team members, and the back and forth with superiors and TF personnel been so carefully detailed.

Russell, who was a civilian manager for JPRA's Research and Development division, was in particular open about why the team had been sent, and who they were helping. Kleinman, on the other hand, explained in his report at the outset that a nondisclosure agreement put "significant limitations on the details of our actions that can be reported herein."

Russell was not so reticent. He's quite clear the purpose of the TDY (temporary assignment) was "To provide support to on-going interrogation efforts being conducted by JSOC/TF-20 elements at their Battlefield Interrogation Facility (BIF).... At the request of JSOC, a JPRA support team was formed to advice [sic] and assist in on-going interrogations against hostile elements operating against Coalition Forces in Iraq. The mission of the TF-20 interrogation element, J2-X, was to exploit captured enemy personnel and extract timely, actionable intelligence to support operations that would lead to the capture of 'Black List' and other high-value and terrorist personnel."

According to Russell, "TF-20's deputy commander and JPRA/CC [that is, Commander, who was Col. Randy Moulton] approved the support team to become fully engaged in interrogation operations and demonstrate our exploitation tactics, techniques and procedures (TTP) to the J2-X staff."

"A lack of clear guidance"

Whatever the understanding of the team when it arrived, from the very beginning there was a debate over the "effectiveness" of the techniques being discussed. Kleinman noted "a lack of clear guidance on the legal status of the detainees and the absence of definitive directions pertaining to the treatment of those detainees."

According to the 2008 SASC report, TF-20 was operating under the same interrogation SOP that a similar special forces task force had used in Afghanistan. But this was also a time when there was a lot of turmoil with the Department of Defense over exactly what interrogation techniques were "legal." Indeed, only days before Kleinman and his team arrived at the BIF, Major General Geoffrey Miller had come to Iraq to assess detention and interrogation operations five months after the invasion of Iraq by U.S. forces. He counseled the military in Iraq to "get tougher with detainees."

The 2002 Special Forces TF interrogation SOP for Afghanistan is apparently still classified, but we know from other sources that it included use of sensory overload ("loud music"), sleep deprivation, 20-hour interrogations, stress positions, "controlled fear," and use of dogs, among other torture techniques.

Once at the BIF, Kleinman saw "clear violations" of the Geneva Conventions and "acted to terminate the activity," according to his own after-action report. It's amazing to then have the opportunity to see what the other senior JPRA-SERE official at the site had to say.

Russell commented on this portion of Kleinman's report: "I think the clear violation of the TF policy was of a minor nature -- that being a 10-minute extension of the kneeling policy. The use of insult slaps was, in the opinion of [one or two words redacted], serious enough to stop the interrogation -- an action I did not then or now feel warranted his [Kleinman's] direct intervention.... This direct intervention by JPRA staff, vs. having their own chain of command step in, resulted in irrevocable damage of our relationship with [TF] staff."

While Russell was given an opportunity to counter Kleinman's narrative, Kleinman received no such reciprocal courtesy. He told me in a voicemail message in January 2012 he had written his report assuming it was "eyes only for the commander."

He continued: "And oddly enough, I never saw Terry’s [i.e., Terrence Russell's report] until months and months later, I think when the investigation started. And what I didn’t know was Terry was given immediate access to mine and was able to try to respond point for point without me being able to respond to his responses. Also my copy, when I went to look for it on the official email, had disappeared for quite a while. And so anyway, there was a lot of weird things going on at the time, as you can imagine."

The "Effectiveness" Question

A full analysis of this remarkable document would take up too much space for a blog post, but it's important to point out one exchange between Kleinman and Russell in regards to differences over the "effectiveness" of the SERE and other interrogation and torture techniques, as the discussion strangely presages the debate about the efficacy of torture that has surrounded the controversial film Zero Dark Thirty.

Kleinman argued to his commander in his after-action report, "While JPRA simulates methods employed by nations not compliant with the GC [Geneva Convention] provisions, U.S. interrogators are bound by federal law to operate in strict accordance with those guidelines. [2 lines redacted] Intelligence interrogation involved, to a considerable degree, the recruitment of a detainee's willing cooperation through the skilled employment of psychological levers that do not include the presentation of threats either explicitly or implicitly."

Russell countered: "While some few of the tools employed, namely some physical pressures, are outside GC guidelines, [1-1/2 lines redacted] This is routinely done with little use of tactics prohibited by the GCs."

Kleinman then discussed his own experiences as an interrogator, concluding, "... the use of non-coercive methods have proven far more effective in obtaining reliable and actionable intelligence than coercive methods. Recent studies of interrogation in support of the global war on terrorism corroborate this finding; conversely, the use of coercive methods has consistently proven to be ineffective and counterproductive."

Russell took umbrage at this, and referencing studies on interrogation done at Guantanamo, made his case for the use of coercive techniques, unconsciously echoing the words of Bruce Jessen, made years before in notes for the construction of a SERE instruction class that he and James Mitchell (and possibly others) would reverse-engineer into the "enhanced interrogation program" of the Bush years.

"In regards to the recent study on effectiveness at GTMO," Russell wrote, "of which there is plenty of room to debate whether or not that have had [sic] much success, there are a number of major variables not here addressed. GTMO is a strategic interrogation/debriefing facility -- not a battlefield interrogation facility. In addition, a key component of the process of exploiting a source is to get them to a mental state of despair and recognition of the omnipotence of the interrogator. Once in that state, the exploiter can offer a way out -- namely cooperation via non-coercive methods. At GTMO they have the luxury of holding a person for 18-24 months in a facility cut off from family, country, and support systems, with seemingly no end in site [sic], that would cause most rationale [sic] persons to move into a state of despair. A battlefield/tactical interrogation facility does not have that time luxury -- the requirement to put a resistant detainee into a state of despair must and can be accelerated though the use of coercive exploitation applied IAW [in accordance with] directives, well-considered SOPs and ROEs [Rules of Engagement]. Once there, non-coercive methods are employed to gain the reliable information sought."

Russell's statement is remarkable enough, but I asked Kleinman some time ago what "effectiveness" studies he and Russell were referring to. Kleinman told me that he was referring to many different kinds of studies going back to the Cold War years. He didn't believe Russell had any "study on effectiveness at GTMO" that he could actually refer to.

But after checking around, I discovered there appears to be such a study done by Major General Miller himself. In early 2003, Miller, who was then Commander Joint Task Force-Guantanamo, had submitted a document to then-Secretary of Defense Donald Rumsfeld's Working Group on interrogations, looking into what extended set of coercive methods would be allowable for use by DoD interrogators. Miller titled his four page paper, Effectiveness of the Use of Certain Category II Counter-resistance Strategies. It was published later as Enclosure 66 of the Schmidt-Furlow Report, "Investigation into Federal Bureau of Investigation Allegations of Detainee Abuse at Guantánamo Bay Detention Center."

According to the ACLU, the memo "is a response to the Director's request for info concerning the effectiveness of interrogation techniques approved by the Secretary of Defense. 'Included with this memo is a timeline of interrogation techniques used, info obtained as a result and justifications for their use', but this info is either redacted or not present. 'Numerous detainees demonstrated counter-resistance techniques. Consequently, [redacted] Commander, JTF-170 requested authorization to employ specific techniques in addition to those in the Field Manual. These techniques were approved by the Secretary of Defense.'"

I can't know for sure if this was Russell's GTMO "effectiveness" document or not, but it would seem like a prime candidate (unless Kleinman was right and Russell never knew of any actual study). Since the document is nearly entirely censored, we can't know for sure, nor we do know how such "effectiveness" was studied.

I was unable to find a way to reach Russell to obtain his comment.

Today, Kleinman is Director for Strategic Research for The Soufan Group, according to a webpage at the company's website.

High-Value Interrogation Group and Current Research on Interrogation "Effectiveness"

The current official DoD directive on interrogation specifically disallows the use of SERE-derived interrogation techniques. However, it does task the Director, Defense Counterintelligence and Human Intelligence Center (DCHC), with "assessment of the effectiveness of intelligence interrogations."

According to a March 2011 report by the Senate Select Committee on Intelligence (large PDF), the administration's High-Value Interrogation Group (HIG) is currently responsible for some of this research. The report states, "The HIG also has responsibilities concerning improving the training of interrogators and sponsoring research on interrogation." Presumably, that includes research on the "effectiveness" of interrogation methods.

How that research is conducted, and the ethics that inform such a project, are kept secret. Recently, however, one HIG researcher, psychologist Susan Brandon, who also works for DCHC, was known to be involved in research on the case of the supposed (and confessed) Iranian-American would-be assassin, Mansour Arbabsiar.

The HIG's tasking for interrogation research was echoed in remarks to the press by then Director of National Intelligence Dennis Blair in February 2010, according to a story by AFP.
An elite US interrogation unit will conduct "scientific research" to find better ways of questioning top suspected terrorists, US intelligence director Dennis Blair said Wednesday.

"It is going to do scientific research on that long-neglected area," Blair told the House Intelligence Committee, without elaborating on the nature of the techniques being tested.

A spokesman for Blair, Ross Feinstein, also declined to detail "specific research projects" but stressed that any such projects would follow US law, which forbids torture, and abide by internal review safeguards.

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