Tuesday, June 8, 2010

NYT Editorial Calls for Investigations on Illegal Torture Experiments

Originally posted at The Seminal/Firedoglake

The June 8 New York Times will carry an editorial, "Doctors Who Aid Torture," that endorses the recommendation of Physicians for Human Rights in their new report, "Experiments in Torture: Evidence of Human Subject Research and Experimentation in the ‘Enhanced’ Interrogation Program" (PDF), for investigations by the executive branch and Congress of the charges of illegal human experimental research undertaken in support of Bush and Cheney’s torture program. The editorial is online now.

Disturbing new questions have been raised about the role of doctors and other medical professionals in helping the Central Intelligence Agency subject terrorism suspects to harsh treatment, abuse and torture….

The report from the physicians’ group [PHR] does not prove its case beyond doubt — how could it when so much is still hidden? — but it rightly calls on the White House and Congress to investigate the potentially illegal human experimentation and whether those who authorized or conducted it should be punished. Those are just two of the many unresolved issues from the Bush administration that President Obama and Congressional leaders have swept under the carpet. [bold emphasis added]

Within only a day of the report’s release, there has been an amazing amount of coverage, from the New York Times itself, to Scott Horton at Harper’s, Jason Leopold at Truthout, Marcy Wheeler at Emptywheel, Adam Serwer at The American Prospect/Tapped, and dozens of other commentators and news outlets. I had my own article covering the report’s release yesterday.

Especially interesting was an interview at BoingBoing with the reports lead medical author, Dr. Scott Allen. The story has also penetrated the academic and scientific communities with stories at Nature and Scientific American.

You don’t charge "Nuremberg crimes" and not have people sit up and listen.

In their report, PHR charged that "Health professionals working for and on behalf of the CIA monitored the interrogations of detainees, collected and analyzed the results of [the] interrogations, and sought to derive generalizable inferences to be applied to subsequent interrogations." In other words, they engaged in research. Except, when you engage in research with human beings, you must get their full informed consent. The history of government research is replete with criminal failures to do that, with tragic results.

In recent history, the Tuskegee Syphilis Study and the U.S. government’s Human Radiation Experiments are two of the more egregious examples. Another example are the MK-ULTRA and Artichoke and other mind-control experiments of the 1950s-1970s.

In the case of the CIA "enhanced interrogation" program (EIP), the government used medical professionals (doctors and psychologists) to determine the parameters of the torture techniques, to make them conform to the twisted ideas of John Yoo, David Addington and Jay Bybee about the torture and what constituted "severe pain," so they could write a near-blank check for torture in the Office of Legal Counsel memos approving the EIP. While Yoo was gaming the system by drawing definitions out of obscure Medicare regulations, the doctors and psychologists at CIA black sites were determining whether or not extending sleep deprivation, the amount of water during waterboarding, and manipulating various combination of torture techniques would cause severe pain — or not. This patently constituted unethical research in the service of constructing an illegal, experimental torture program.

A Hideous Crime

Using people as guinea pigs without their consent, i.e., against their will, or indifferent to their will, in the name of science, is a crime. When practiced upon prisoners, it is a war crime. A hideous crime with special reference to the place of doctors and psychologists in our society.

Doctors/psychologists who work for the state to "refine the techniques" of torture upon unwilling subjects, subjects indeed held prisoner, are guilty of war crimes under a number of different laws, including laws that forbid illegal research and experimentation. It is like those doctors who were interested in how little food a concentration camp prisoner could survive on, so they studied the reactions of the prisoners to various diets. They did not want them to die (if they did), and one could say they were trying to help the prisoners. Just substitute interrogation for diet and one gets a sense of the issue. (In a bizarre similarity to the concentration camps example here, it is remarkable that the CIA doctors also experimented with putting waterboarded prisoners on a liquid diet "so their emesis would be soft and less likely to cause choking or aspiration pneumonia if the detainee were to vomit." See pg. 9 of PHR’s report.)

One important aspect of the PHR report covered the ways in which the government manipulated the war crimes laws in order to cover for their crimes. In 2006, Congress passed and Bush signed the Military Commissions Act. This law changed the wording of the 1996 War Crimes Act to soften the language around war crimes concerning "biological experimentation," which had formerly been derived from the Geneva Convention’s implementation of the Nuremberg protocols.

As I noted on June 6:

While there is some evidence that the Bush administration was concerned with loosening the legal parameters surrounding research using human subjects (story to come), there is no evidence, as PHR’s White Paper points out, that OLC ever considered the legality of the medical monitoring of prisoners as part of the CIA torture program. According to Director of PHR’s Campaign Against Torture and lead report author, Nathaniel A. Raymond, “Justice Department lawyers appear to have never assessed the lawfulness of the alleged research on detainees in CIA custody, despite how essential it appears to have been to their legal cover for torture.”

The failure to assess the lawfulness of the illegal experiments they were conducting may yet turn out to be the Achilles heel of the Bush/Cheney torture program. The use of prisoners as guinea pigs affronts every sense of decency. I salute the New York Times editorial board for making the right call and supporting PHR in their call for investigations.

The CIA has been quoted as denying any wrong doing. In James Risen’s article earlier today at the Times:

“The report is just wrong,” said Paul Gimigliano, an agency spokesman. “The C.I.A. did not, as part of its past detention program, conduct human subject research on any detainee or group of detainees. The entire detention effort has been the subject of multiple, comprehensive reviews within our government, including by the Department of Justice.”

I suspect the CIA did consider the issue of human subject research. There is too much evidence of manipulation of laws and policies surrounding research (some of which has not yet been reported upon) to make me think differently. My hypothesis is that they have some document or memo somewhere approving the use of medical monitors in what they will call the "field testing" of the EIP. But this will await the issuance of subpoenas to confirm.

In a phone conference this afternoon, Raymond told those present, "It is time for an investigation. We’ve shown our evidence, and it’s time for the administration to show theirs."

H/T to Jason Leopold for pointing me to the NYT editorial

Monday, June 7, 2010

PHR Report: Bush Administration Engaged in Illegal Human Experimentation on Torture

"Law must apply to everyone equally or it's not law at all. Those who are pushing the other view have a misguided idea of what law is all about." - Benjamin Ferencz
Physicians for Human Rights (PHR) released today the results of a landmark investigation that, according to the organization's press release, "uncovered evidence that indicates the Bush administration apparently conducted illegal and unethical human experimentation and research on detainees in CIA custody." PHR is asking President Obama to "order the attorney general to undertake an immediate criminal investigation of alleged illegal human experimentation and research on detainees conducted by the CIA and other government agencies following the attacks on Sept. 11, 2001." They are also seeking other investigations by Congress, the Department of Health and Human Services, and the Department of Justice.

As PHR's White Paper -- "Experiments in Torture: Evidence of Human Subject Research and Experimentation in the 'Enhanced' Interrogation Program" (PDF) -- makes clear, illegal experimentation upon human subjects was an integral part of the Bush/Cheney/CIA "enhanced interrogation" program (EIP) from the very beginning. Medical and psychologist monitors were used to collect and analyze data from the EIP interrogations in order "to derive generalizable inferences to be applied to subsequent interrogations." The use of illegal experimentation both reveals the actual parameters of the torture program, and raises the stakes surrounding the need for accountability for these actions to a new level.

According to PHR's White Paper:
Such acts may be seen as the conduct of research and experimentation by health professionals on prisoners, which could violate accepted standards of medical ethics, as well as domestic and international law. These practices could, in some cases, constitute war crimes and crimes against humanity.
The charges are expected to resonate throughout the legal, human rights and religious communities. The executive director of the National Religious Campaign Against Torture (NRCAT), Rev Richard Killmer, commenting in a press release on PHR's report, said he deplored the "deeply disturbing evidence that our government committed, in our names, forced human experimentation that recalls some of humanity's darkest days — charges from which no person of faith can afford to turn away." (NRCAT has also released a new video today, "Accounting for Torture.")

Research Violated U.S. and International Law

PHR's CEO Frank Donaghue states, “The CIA appears to have broken all accepted legal and ethical standards put in place since the Second World War to protect prisoners from being the subjects of experimentation."

PHR examined three instances of the CIA's illegal medical research, although it should be understood this most likely does not constitute the full extent of the torture research program. Some of the experiments concerned the elaboration of more extensive forms of waterboarding, testing the use of large-volumes of water, the use of saline solution as a substitute for plain water, as well as the use of ancillary equipment, such as a gurney that could swing the prisoner into different angles, and use of a blood oximeter to measure subject vital signs and calibrate them with experimental techniques. The CIA also experimented on different levels of sleep deprivation in order to assess effects and coordinate practice with legal definitions constructed by the Office of Legal Counsel (OLC).

In one gruesome set of experiments, at least 25 detainees were submitted to both individual and combined use of the different "enhanced interrogation" techniques developed by the CIA through reverse-engineering of the military's Survival, Evasion, Resistance, Escape (SERE) program, techniques which were originally developed to inoculate U.S. military personnel against torture. The purpose of this experiment, monitored by doctors, was to ascertain the effects of the different combinations of techniques as they pertained to "susceptibility to severe pain," attempting thereby to calibrate levels of pain in order to keep the interrogations within the dubious frontiers of legality proposed by John Yoo and Jay Bybee in their infamous torture memos.

The purpose of this experimental program was apparently to help provide legal cover for the torture program, as well as both examine the effects of torture upon live subjects, and further the design of the torture program itself. No existing research protocol has come to light, and the evidence has been organized via the use of open source documents and FOIA releases. From these sources, one can see that the use of medical monitors and experimental medical data was used as supposed "good faith" evidence against possible prosecution for torture.

A Legal Limbo

The actions of the Bush Administration to legally justify their torture program via the use of executive orders and OLC rulings has been well-documented. Only last February, the Department of Justice's Office of Professional Conduct released their finding that the actions of Yoo and Bybee in constructing the 2002 memos that authorized torture did not amount to unprofessional or unethical conduct, but simply constituted "bad judgment." Whatever the judgment upon the OLC memos, it is apparent the use of torture pre-dated the OLC approval of the EIP.

While there is some evidence that the Bush administration was concerned with loosening the legal parameters surrounding research using human subjects (story to come), there is no evidence, as PHR's White Paper points out, that OLC ever considered the legality of the medical monitoring of prisoners as part of the CIA torture program. According to Director of PHR’s Campaign Against Torture and lead report author, Nathaniel A. Raymond, “Justice Department lawyers appear to have never assessed the lawfulness of the alleged research on detainees in CIA custody, despite how essential it appears to have been to their legal cover for torture.” But, after a number of Supreme Court decisions, culminating in the Hamdan v Rumsfeld ruling in June 2006, the government apparently had second thoughts about its legal liabilities.

One of the most original pieces of research in the PHR report concerns the rewriting of the War Crimes Act (WCA) as part of the 2006 Military Commissions Act (MCA). Concerned, it would seem, over their vulnerability to criminal prosecution for illegal and unethical research conducted upon detainees, including, as I've pointed out before, Abu Zubaydah, the Bush administration amended the WCA language in the MCA to weaken the protections against the strict prohibitions against scientific experiments on prisoners found in the Geneva Conventions. These changes were then made retroactive to 1997, which suggests the U.S. government was shielding interrogators and other officials for illegal acts going back four years prior to 9/11. And to their shame, Congress passed this legislation, and the language on the WCA was then retained by the Democratic Party-controlled Congress when the MCA was amended in 2009.

One of PHR's recommendations in their report is that Congress undertake a revision of the War Crimes Act "to eliminate changes made to the Act in 2006 which weaken the prohibition on biological experimentation on detainees, and ensure that the War Crimes Act definition of the grave breach of biological experimentation is consistent with the definition of that crime under the Geneva Conventions."

Outstanding Issues To Be Resolved

It has been some years since the experimental aspects of the torture program were first recognized. The breach of medical ethics by doctors was first discussed by M. Gregg Bloche and Jonathan H. Marks in the New England Journal of Medicine in January 2005. In July 2005, a New Yorker article by Jane Mayer, "The Experiment," looked at the "reverse-engineering" of the SERE techniques, and noted both the prohibition on scientific experiments of prisoners in Geneva, and the "[n]umerous experiments aimed at documenting trainees’ stress levels... conducted by sere-affiliated scientists."

One of the authors of the PHR report, Stephen Soldz, wrote about the experimental aspects of "behavioral science-based torture techniques" in use at Guantanamo in a August 2006 article. In 2007, physician Steven Miles noted the experimental aspects of the Al Qahtani interrogation at Guantanamo in late 2002 - early 2003. The experimental aspect of the interrogation of Abu Zubaydah was broached by FBI agent Ali Soufan in testimony before the Senate Judiciary Committee in May 2009. Soufan's presence at the Zubaydah interrogation in April-May 2002 led him to characterize a CIA contractor's treatment of Zubaydah as an experiment ("Once again the contractor insisted on stepping up the notches of his experiment..."). The contractor is believed to have been former SERE psychologist, James Mitchell.

The PHR report should not be seen as a full history of the torture-experimentation program, but is a blueprint offering the outlines of what that program consisted of and how it progressed. For instance, except for Khalid Sheik Mohammed, none of the CIA prisoners are named in the report, although it is noted that "the authorized policy of using multiple ["enhanced interrogation" techniques] simultaneously was officially based on medical observations of 25 detainees."

A full understanding of all that happened awaits future investigations. A more comprehensive understanding of the issues raised, e.g., the development of the waterboarding and sleep deprivation techniques, has been investigated by Marcy Wheeler at Emptywheel/Firedoglake, while the torture of Abu Zubaydah has been intensively covered by Jason Leopold at Truthout. Leopold noted the "extensive back-and-forth between CIA field operatives and agency officials" on matters such as "medical updates" and "behavioral comments."

In an article last April, I noted that "psychologist's notes" had been cataloged as a part of Abu Zubaydah's interrogation materials. Such notes would indicate just what variables of interest were being recorded by the psychological experimenter, especially given recent revelations in a story by Jason Leopold that a second taping system was used in the interrogation of Zubaydah, with "torture sessions that were stored on computers and separate hard drives."
Variables of interest to CIA psychologists might include head movements and hand movements, facial expressions or microexpressions, used in detecting deception or behavioral manifestations of stress. These types of observation are synonymous with computer analysis and argue for the use of a digital video system or the transfer of analog video into data stored on magnetic or optical media. The same release of documents... also described CIA officials asking for "instructions" regarding the "disposition of hard drives and magnetic media" associated with the torture of Zubaydah.
Among the various threads left dangling from the PHR investigation, none concerns me more than the links between the SERE research undertaken by investigators led by Dr. Charles A. Morgan and the CIA experimental torture program, as reported in an appendix to PHR's report. In an appendix to their report, PHR describes the SERE research undertaken during the years prior to the issuance of the OLC memos, and explains that the results of that research demonstrated how the risk of harm was inherent in the SERE techniques. In addition, they note, "the experimental framework of these studies intentionally or unintentionally laid the groundwork for unethical and illegal human experimentation that would follow."

The full details of my own investigation into those links were published back in September 2009.
What is indisputable is that by virtue of his position, Dr. Morgan had access to CIA officials just at the time that another department of the CIA, one to which he is affiliated, was, according to the CIA’s own Office of Inspector General Report (large PDF) involved in vetting the SERE techniques for use in interrogations....

... it looks like the CIA used DOD/JPRA as a cover for the safety of techniques that it knew were in fact harmful from their own analysis of the “data.” [JRPA, or Joint Recovery Personnel Agency is, among other things, the "Executive Agency" for the SERE training schools.]
One especially lingering thread concerns the assertion in the PHR report that all of Dr. Morgan's SERE research had been properly vetted by Institutional Research Boards. While this is true for his published research, a report for which Dr. Morgan is listed as second author, The War Fighter's Stress Response: Telemetric and Noninvasive Assessment, conducted on behalf of the U.S. Army Medical Research and Materiel Command at Ft. Detrick, beginning approximately in November 2001, states -- even by its final addendum in October 2003 -- that "due to Institutional Review Board delays no human subjects data are available."

The exact interactions between CIA and DoD/JPRA, between the White House and both DoD and CIA, the role of other actors, such as the Defense Intelligence Agency and Joint Special Operations Command, not to mention the actual origins of the torture research program, remain unclear. It is a vital necessity that that investigations take place, and hopefully PHR's report will provide the added impetus to push this issue to the forefront of a tired, confused, and frightened country, a country misled in so many ways over the past decade, and now forced to confront the full panoply of evil that has resulted from having a portion of the government held apart from public scrutiny. That must end now.

Originally posted at Firedoglake

Sunday, June 6, 2010

PHR Press Release: U.S. Conducted Research and Experiments on Torture Detainees

The following is a press release from Physicians for Human Rights, announcing the release of their new white paper (PDF), stating "Evidence Indicates that the Bush Administration Conducted Experiments and Research on Detainees to Design Torture Techniques and Create Legal Cover."

(Cambridge, MA) In the most comprehensive investigation to date of health professionals’ involvement in the CIA’s “enhanced” interrogation program (EIP), Physicians For Human Rights has uncovered evidence that indicates the Bush administration apparently conducted illegal and unethical human experimentation and research on detainees in CIA custody. The apparent experimentation and research appear to have been performed to provide legal cover for torture, as well as to help justify and shape future procedures and policies governing the use of the “enhanced” interrogation techniques. The PHR report, Experiments in Torture: Human Subject Research and Evidence of Experimentation in the ‘Enhanced’ Interrogation Program, is the first to provide evidence that CIA medical personnel engaged in the crime of illegal experimentation after 9/11, in addition to the previously disclosed crime of torture.

This evidence indicating apparent research and experimentation on detainees opens the door to potential additional legal liability for the CIA and Bush-era officials. There is no publicly available evidence that the Department of Justice’s Office of Legal Counsel determined that the alleged experimentation and research performed on detainees was lawful, as it did with the “enhanced” techniques themselves.

“The CIA appears to have broken all accepted legal and ethical standards put in place since the Second World War to protect prisoners from being the subjects of experimentation,” said Frank Donaghue, PHR’s Chief Executive Officer. “Not only are these alleged acts gross violations of human rights law, they are a grave affront to America’s core values.”

Physicians for Human Rights demands that President Obama direct the Attorney General to investigate these allegations, and if a crime is found to have been committed, prosecute those responsible. Additionally, Congress must immediately amend the War Crimes Act (WCA) to remove changes made to the WCA in 2006 by the Bush Administration that allow a more permissive definition of the crime of illegal experimentation on detainees in US custody. The more lenient 2006 language of the WCA was made retroactive to all acts committed by US personnel since 1997.

“In their attempt to justify the war crime of torture, the CIA appears to have committed another alleged war crime – illegal experimentation on prisoners,” said Nathaniel A. Raymond, Director of PHR’s Campaign Against Torture and lead report author. “Justice Department lawyers appear to never have assessed the lawfulness of the alleged research on detainees in CIA custody, despite how essential it appears to have been to their legal cover for torture.”

PHR’s report, Experiments in Torture, is relevant to present-day national security interrogations, as well as Bush-era detainee treatment policies. As recently as February, 2010, President Obama’s then director of national intelligence, Admiral Dennis Blair, disclosed that the US had established an elite interrogation unit that will conduct “scientific research” to improve the questioning of suspected terrorists. Admiral Blair declined to provide important details about this effort.

“If health professionals participated in unethical human subject research and experimentation they should be held to account,” stated Scott A. Allen, MD, a medical advisor to Physicians for Human Rights and lead medical author of the report. “Any health professional who violates their ethical codes by employing their professional expertise to calibrate and study the infliction of harm disgraces the health profession and makes a mockery of the practice of medicine.”

Several prominent individuals and organizations in addition to PHR will file a complaint this week with the US Department of Health and Human Services’ Office for Human Research Protections (OHRP) and call for an OHRP investigation of the CIA’s Office of Medical Services.

The PHR report indicates that there is evidence that health professionals engaged in research on detainees that violates the Geneva Conventions, The Common Rule, the Nuremberg Code and other international and domestic prohibitions against illegal human subject research and experimentation. Declassified government documents indicate that:

  • Research and medical experimentation on detainees was used to measure the effects of large- volume waterboarding and adjust the procedure according to the results. After medical monitoring and advice, the CIA experimentally added saline, in an attempt to prevent putting detainees in a coma or killing them through over-ingestion of large amounts of plain water. The report observes: “‘Waterboarding 2.0’ was the product of the CIA’s developing and field-testing an intentionally harmful practice, using systematic medical monitoring and the application of subsequent generalizable knowledge.”
  • Health professionals monitored sleep deprivation on more than a dozen detainees in 48-, 96- and 180-hour increments. This research was apparently used to monitor and assess the effects of varying levels of sleep deprivation to support legal definitions of torture and to plan future sleep deprivation techniques.
  • Health professionals appear to have analyzed data, based on their observations of 25 detainees who were subjected to individual and combined applications of “enhanced” interrogation techniques, to determine whether one type of application over another would increase the subject’s “susceptibility to severe pain.” The alleged research appears to have been undertaken only to assess the legality of the “enhanced” interrogation tactics and to guide future application of the techniques.

Experiments in Torture: Human Subject Research and Experimentation in the ‘Enhanced’ Interrogation Program is the most in-depth expert review to date of the legal and medical ethics issues concerning health professionals’ involvement in researching, designing and supervising the CIA’s “enhanced” interrogation program. The Experiments in Torture report is the result of six months of investigation and the review of thousands of pages of government documents. It has been peer-reviewed by outside experts in the medical, biomedical and research ethics fields, legal experts, health professionals and experts in the treatment of torture survivors.

The lead author for this report was Nathaniel Raymond, Director of the Campaign Against Torture, Physicians for Human Rights (PHR) and the lead medical author was Scott Allen, MD, Co-Director of the Center for Prisoner Health and Human Rights at Brown University and Medical Advisor to PHR. They were joined in its writing by Vincent Iacopino, MD, PhD, PHR Senior Medical Advisor; Allen Keller, MD, Associate Professor of Medicine, NYU School of Medicine, Director, Bellevue/NYU Program for Survivors of Torture; Stephen Soldz, PhD, President-elect of Psychologists for Social Responsibility and Director of the Center for Research, Evaluation and Program Development at the Boston Graduate School of Psychoanalysis; Steven Reisner, PhD, PHR Advisor on Ethics and Psychology; and John Bradshaw, JD, PHR Chief Policy Officer and Director of PHR’s Washington Office.

The report was extensively peer reviewed by leading experts in related medical, legal, ethical and governmental fields addressed in the document.

Other stories on the PHR report are already surfacing on the Internet, including articles by James Risen at the New York Times, Jason Leopold, Nick Baumann, Marcy Wheeler, and Stephen Soldz, who was also a co-author of the PHR report.

Thursday, June 3, 2010

Special Ops on Building Spree in Afghanistan: $100 million for new HQ

From Noah Shachtman at Wired (h/t iammilitary @ Twitter). It's all really about the money and the profits, isn't it?

The Army is looking to spend as much as $100 million to expand its Special Operations headquarters in northern Afghanistan.

All around Afghanistan, from Kandahar Airfield to the Bagram jail, the U.S. military is on a building spree, spending hundreds of millions of dollars on wartime encampments. By one count, America and its allies now have 700 bases in Afghanistan....

The Army expects its expanded Special Operations HQ in Mazar-e-Sharif to occupy 70,000 square meters. It’ll include a “communications building, Tactical Operations Center, training facility, medical aid station, Vehicle Maintenance Facility… dining facility, laundry facility, and a kennel to support working dogs,” according to a request for proposals.

U.N. Expert Calls For U.S. To Halt CIA Drone Killings

The initial blockquoted text below is from a press release from the ACLU, describing the report by the U.N. special rapporteur regarding the illegality of the Obama Administration's use of drones to assassinate people. These drone attacks have infamously killed scores of innocents, but their use on even supposed "legitimate" targets borders on lawlessness.

U.S. use of these high-tech tools of state terror is criminal, and is an extremely dangerous precedent, threatening all who would ever oppose the U.S. state politically. How long, we must ask, before these proverbial chickens come home to roost? Drones are already being used for surveillance over portions of the United States.



The ACLU press release:
NEW YORK – Targeted killings, including the use of drones, are increasingly used in ways that violate international law, according to a report out today by a U.N. expert on extrajudicial killings. The American Civil Liberties Union said the report underscores the alarming legal questions raised by the U.S. program of targeting and killing people – including U.S. citizens – sometimes far from any battlefield.

According to the report by U.N. special rapporteur Philip Alston, which will be presented to the U.N. Human Rights Council Thursday, while targeted killings may be permitted in armed conflict situations when used against combatants, fighters or civilians who directly engage in combat-like activities, they are increasingly being used far from any battlefield. The report states that "this strongly asserted but ill-defined license to kill without accountability is not an entitlement which the United States or other States can have without doing grave damage to the rules designed to protect the right to life and prevent extrajudicial killings."

Alston also criticized the U.S. invocation of the "law of 9/11," which it uses to justify the use of force outside of armed-conflict zones as part of the so-called global war on terrorism. The report called for the United States and other countries to end the "accountability vacuum" by disclosing the full legal basis for targeted killings and specifically the measures in place to ensure wrongful killings are investigated, prosecuted and punished.

"The U.S. should heed the recommendations of the rapporteur and disclose the full legal basis of the U.S. targeted killings program, and it should abide by international law. The entire world is not a battlefield, and the government cannot use quintessentially warlike measures anywhere in the world that it believes a suspected terrorist might be located," said Jamil Dakwar, Director of the ACLU Human Rights Program. "The Obama administration has pledged to lead by example and restore respect for rule of law, but U.S. targeted killings are impeding U.S. leadership on human rights and sending the message that some causes can be fought outside the rule of law and without transparency and accountability."

The ACLU in March filed a Freedom of Information Act (FOIA) lawsuit demanding that the government disclose the legal basis for its use of unmanned drones to conduct targeted killings overseas, and in April sent a letter to President Obama condemning the U.S. policy on targeted killings and urging him to bring it into compliance with international and domestic law.

"The U.S. program of targeted killing outside of armed conflict zones is illegal and raises serious policy questions that ought to be debated publicly," said Jonathan Manes, legal fellow with the ACLU National Security Project. "In addition to the legal basis, scope and limits of the program, the Obama administration should disclose how many civilians have been killed, how the program is overseen, and what accountability mechanisms exist over the CIA and others who conduct the targeted killings."

More information about the ACLU's FOIA lawsuit is available online at: www.aclu.org/national-security/predator-drone-foia

The ACLU's letter to Obama is available at: www.aclu.org/human-rights-national-security/letter-president-obama-regarding-targeted-killings
Bmaz at Emptywheel had an excellent posting yesterday on this very topic, U.N. Expert Calls On U.S. To Halt CIA Targeted Killings. In the post, he captures the exquisite yet abhorrent irony in how the U.S. is handling the so-called legality issues surrounding these remote-control assassinations:
Today, the report is out, and Charlie Savage again brings the details in the [New York] Times:
A senior United Nations official said on Wednesday that the growing use of armed drones by the United States to kill terrorism suspects is undermining global constraints on the use of military force. He warned that the American example will lead to a chaotic world as the new weapons technology inevitably spreads....

In an interview, Mr. Alston, said the United States appears to think that it is “facing a unique threat from transnational terrorist networks” that justifies its effort to put forward legal justifications that would make the rules “as flexible as possible"....
Alston’s concerns are especially troubling considering Charlie Savage’s first NY Times report in last Friday’s print edition on the quiet efforts of the Obama Administration to insure its drone operators can never be prosecuted for the extrajudicial murders they commit. Describing surreptitious efforts to amend the Military Commissions Manual:
The Pentagon delayed issuing a 281-page manual laying out commission rules until the eve of the hearing. The reason, officials say, is that government lawyers had been scrambling to rewrite a section about murder because it has implications for the C.I.A. drone program.

An earlier version of the manual, issued in 2007 by the Bush administration, defined the charge of “murder in violation of the laws of war” as a killing by someone who did not meet “the requirements for lawful combatancy” — like being part of a regular army or otherwise wearing a uniform. Similar language was incorporated into a draft of the new manual.

But as the Khadr hearing approached, Harold Koh, the State Department legal adviser, pointed out that such a definition could be construed as a concession by the United States that C.I.A. drone operators were war criminals. Jeh Johnson, the Defense Department general counsel, and his staff ultimately agreed with that concern. They redrafted the manual so that murder by an unprivileged combatant would instead be treated like espionage — an offense under domestic law not considered a war crime.
All of which is not just distressing, but telling as to who the United States have become as a country. Made all the more sickening by the fact the extrajudicial assassination program has exacerbated geometrically under the short, but deadly, tenure of the supposedly enlightened Constitutional law authority Barack Obama.

Tuesday, June 1, 2010

Cries From the Past: Torture's Ugly Echoes

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

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

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

Operation Dormouse

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

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

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

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

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

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

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

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

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

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

What Was Project Artichoke?

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Project Artichoke Operational Overseas

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

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

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

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

Domestic Artichoke Operations

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

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

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

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

Artichoke Evolves into Assassination Project

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

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

Rewriting History and Creating Disinformation

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

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

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

Project Artichoke Today

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

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

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

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

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

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

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

---

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

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

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

Monday, May 31, 2010

Protest Israeli War Provocation Against Gaza Humanitarian Flotilla

Last night, Israeli commandos stormed a peace flotilla headed for Gaza, killing at least ten and perhaps as many as nineteen, and injuring many others. The 600+ activists aboard the ships were attempting to bring tons of supplies to the devastated Gaza region, where 1.5 million Palestinians suffer the debilitating effects of a years-long Israeli blockade of their land. In late 2008, the Israelis attacked Gaza, supposedly acting to interdict "terrorists," killing hundreds.

As in the 2008-09 attack, the Israelis used the pretext of self-defense, when in reality they were the provocateurs and attackers. When some on the ship perhaps attempted to defend themselves from this hijacking on the high seas, in international waters, the Israelis apparently opened fire. Subsequently, the ships were "escorted" to the Israeli port of Ashdod, where hundreds are currently held incommunicado. Already, thirty-two have been incarcerated. Meanwhile the Israeli government attempts to dominate airwaves with its own propagandistic version of events. Indeed, Fox News is now "reporting" Israeli claims that the six-ship flotilla had "ties to Al Qaeda," or so says the Israeli ambassador to Denmark, who wins the first medal for chutzpah from this terrible event. Runner-up? Israeli Prime Minister Benjamin Netanyahu who attempted to make the entire affair about Hamas and Iran.

According to Palestinenote.com:
Gaza Prime Minister Ismail Hanieyh has called on Palestinian president Mahmoud Abbas to terminate indirect negotiations with Israel after the flotilla attack, saying, "it is not reasonable to continue talks in light of this crime," Ma'an News Agency reported Monday.
The political fallout from the Israeli attack has been swift and ongoing. There have been many, many protests against the Israeli action, from a number of governments, and most notably Turkey, whose ship MV Mavi Marmara was boarded by the Israelis, and where it appears much of the attack took place. The Mavi Marmara was the lead ship in the flotilla. Turkey has withdrawn its ambassador and is considering a number of actions.

Elsewhere, the blatant criminality of the event brought thousands out into the streets, in London, in Paris, in Istanbul, and by leftists and antiwar activists in Tel Aviv, and activists certainly elsewhere.

But from Israel's number one patron, the response has been, per Reuters, "cautious":
President Barack Obama told Israeli Prime Minister Benjamin Netanyahu he deeply regretted the loss of life in an Israeli raid on a Gaza-bound aid flotilla on Monday and urged him to quickly get to the bottom of the incident.
But Netanyahu and the Israelis have already made it clear that they are going to lie through their teeth about this. Furthermore, it is difficult to believe that the U.S. was unaware of what the Israelis were planning, or that they don't have excellent satellite or drone video of everything that happened. Instead, this appears to be a provocation whose ultimate aim is to strengthen the hand of the anti-terrorism and "attack Iran" crowd in the United States, by stirring up the hornets nest, and directing the U.S. military and its junior Zionist ally to turn their military machines against Hezbollah, Hamas, and Iran, and likely, Sryia as well. The break with Turkey has been brewing for some time, with the U.S. playing a double game with the Turks and the Kurds. (See this interesting article by Thierry Meyssan, who, I think, underestimates the possibility of another Gladio operation in Turkey.)

The world should condemn this criminal attack by Israeli commandos on the peace flotilla bringing humanitarian supplies to Gaza, and should defend those who in self-defense protected themselves against the military assault. Israeli must release everyone they are holding in custody from the flotilla now. Let the flotilla be freed to continue its mission.

AFP-TV gives the reaction from within Gaza:



Also, while sorting through the avalanche of messages over at Twitter, check the Google newsfeed for latest updates (H/T Jason Leopold).

Amicus Briefs Ask Supreme Court to Hear Abu Ghraib Contractors Torture Case

The following is a press release from Center for Constitutional Rights (CCR). It concerns a petition to the Supreme Court by CCR stemming from last September's DC Court of Appeals decision ruling in favor of defendants CACI and L-3, whose employees were alleged to have been involved in torture at Abu Ghraib. The 2-1 decision said that that private contractors are entitled to immunity from lawsuit due to so-called “battlefield preemption.”

Will the Supreme Court recognize the fundamental need for redress for torture victims, the importance of protections for prisoners pronounced by international human rights and humanitarian law? I'm not too sanguine myself, but the Court has surprised before. I salute groups like CCR, Human Rights First, Human Rights Watch, Physicians for Human Rights and the Center for Victims of Torture, who are fighting to maintain civilized norms in these dark ages of American empire. This country needs fundamental change. We cannot rely on human rights and civil liberties organizations like ACLU alone to stem the tide of militarism that threatens to swallow up the last vestiges of democracy in the United States, as it rides rough-shod over other countries abroad. Sooner or later, this need for greater political organization will take form in either new political parties or new social entities that better express the will of the people for peace, fairness and democracy, and an end to barbaric practices like torture and military conquest.

In the meantime, please support CCR's lawsuit and press for the case to be taken up by the Supreme Court.
Retired Senior Military Officers, Rights Groups File Amicus Briefs Asking Supreme Court to Hear Abu Ghraib Torture Case Against Contractors CACI and L-3

May 28, 2010, Washington, D.C. – Today, three amicus curiae or friend-of-the-court briefs were filed in the Supreme Court, in support of CCR’s petition for certiorari in its case against CACI and L-3 Services (formerly Titan), two corporations whose employees are alleged to have participated in the infamous torture of Iraqi detainees at Abu Ghraib. One brief, submitted by retired high-ranking military officers, argues that private military contractors are not the equivalent of U.S. soldiers and cannot be considered “combatants” because they are not fully incorporated into the armed forces or subject to a military chain of command. The Counsel of Record for the retired military brief is John J. Gibbons, former Chief Judge of the Third Circuit, who served in the U.S. Navy in WWII, and signatories to the brief include: David M. Brahms, retired Brigadier General; James P. Cullen, retired Brigadier General and former Chief Judge of the U.S. Army Court of Criminal Appeals; Rear Admiral Donald J. Guter, former Navy’s Judge Advocate General; and Rear Admiral John D. Hutson, also a former Navy’s Judge Advocate General. In a 2-1 decision rendered in September 2009, the Court of Appeals for the District of Columbia dismissed the claims against CACI and L-3, finding that the private contractors were entitled to immunity from suit through “battlefield preemption.”

Another brief was filed by Professors of Federal Courts, International Law, and U.S. Foreign Relations Law, stating that there is no basis for immunity or a pre-emption defense for the federal claims, including war crimes, under the Alien Tort Statute. The third brief, filed on behalf of human rights organizations including Human Rights First, Human Rights Watch, Physicians for Human Rights and the Center for Victims of Torture, as well as international law scholars, highlights the need for redress for torture victims and the protections that should be afforded to detainees under international human rights and humanitarian law.

Notably, the retired military officials brief reads: “Membership in the U.S. Armed Forces carries with it significant privileges but also heavy obligations, foremost among them being respect for the law of war and for the military chain of command. These cornerstones of the modern American Armed Forces reflect a culture and tradition that demands rigorous training, discipline and accountability. But private military contractors, by contrast, are no more than corporate entities, whose activities are governed only by contractual relationships with the military and who are primarily accountable to private shareholders. Because they are not subjected to the same standards of accountability as are members of the military, private contractors do not merit the immunity afforded to sovereign governmental entities, now provided to them by the decision of the court of appeals.”

“The amicus briefs filed today demonstrate why the Supreme Court must review the decision taken by the court of appeals against the individuals tortured at Abu Ghraib,” said Center for Constitutional Rights (CCR) attorney Katherine Gallagher. “The lower court’s result not only places the United States on the wrong side of international human rights law, but it runs counter to the views of experienced military leaders on how best to ensure that our obligations regarding humane treatment of detainees are met, and what the nature of the relationship is between U.S. military personnel and private military contractors hired to assist them.”

Last month, CCR and co-counsel argued in their petition for certiorari that the Supreme Court should hear the case because the Court of Appeals decision of September 11, 2009, gave corporate government contractors more protections than even U.S. soldiers enjoy, and constituted judicial overreaching. In that decision, a majority of the panel effectively immunized contractors for torture and other serious mistreatment of Iraqi detainees because of the integration it found of contractors into the military’s operational mission and chain of command. The legal team argued that the military’s own investigations had found CACI and L-3 employees participated in the torture, humiliation and dehumanization of the Iraqi civilians detained at Abu Ghraib. The legal team further argued that corporations could be held liable for war crimes, including torture, under international law.

Saleh v. Titan, first filed in 2004, is a federal lawsuit brought by more than 250 former Iraqi prisoners against private contractors CACI and L-3 Services that alleges the companies’ employees participated in torture and serious abuses while they were hired to provide interrogation and interpretation services, respectively, at Abu Ghraib and other detention facilities in Iraq.

The suit charges defendants with torture and other war crimes, as well as common law torts including sexual assault and battery, and negligent hiring and supervision. The acts to which the plaintiffs alleged they were subjected at the hands of the defendants and certain government co-conspirators include: rape and threats of rape and other forms of sexual assault; being forced to watch a family member tortured and abused so badly that he died; repeated beatings, including beatings with chains, boots and other objects; forced nudity; hooding; being detained in isolation; being urinated on and otherwise humiliated.

The victims are represented by the Center for Constitutional Rights, and law firms Burke PLLC, Motley Rice LLC, Akeel & Valentine, P.C , The Law Firm of L. Palmer Foret, P.C. and Edmond Jones Lindsay, LLP.

Download copies of the amici curiae briefs or visit the Saleh et al v. Titan et al case page for more information.

Sunday, May 30, 2010

Obama Interrogation Official Linked to U.S. Mind Control Research

Originally posted at The Seminal/Firedoglake
A new article at Truthout, by H.P. Albarelli and Jeffrey Kaye, describes how the CIA’s Artichoke Project* was the contemporaneous and operational side of the MK-ULTRA mind control research program. It was not superseded by MK-ULTRA in the 1950s, as often supposed. Even more, Artichoke-derived methods of using drugs, hypnosis, sensory deprivation and overload, behavioral modification techniques and other methods of mind control have resurfaced as a primary component of U.S. interrogation practice.
The Truthout article includes some amazing revelations, including the largest description to date of the roles of then-Ford administration officials Dick Cheney and Donald Rumsfeld in working hand-in-glove with the CIA to suppress information on Artichoke from surfacing.
The article also references the November 2006 release of an "Instruction" from the Secretary of the Navy (3900.39D) regarding its "Human Research Protection Program." While this memo specifically prohibits the use of research upon prisoners, including so-called "unlawful enemy combatants," waivers of informed consent for research, or suspension of the protections enumerated in the memo can be made by the Secretary of the Navy under conditions of "operational contingency or during times of national emergency." It is likely the latter rests upon the legislative language within the September 18, 2001 Authorization to Use Military Force, where terrorist acts are said to "continue to pose an unusual and extraordinary threat to the national security and foreign policy of the United States."
The waivers allowed for normal human research testing gains further piquancy when one considers the kinds of research referenced in the Secretary of the Navy’s memo. Section 7(a)(2)(a) describes the Undersecretary of the Navy as the "approval authority" for research done upon prisoners, as well as "Severe or unusual intrusions, either physical or psychological, on human subjects (such as consciousness-altering drugs or mind-control techniques)" [emphasis added].
This referencing of "mind-control techniques" in a document specifically discussing human subjects protections by then Secretary of the Navy, Donald C. Winter, is not an anomaly, but a rare instance in which the actual activities of the government in this area are openly revealed. Some of these activities can be documented via publicly available materials. This article describes how some of the individuals involved in U.S. government mind control and torture activities can be tracked and identified.
APA, CIA: "How might we overload the system or overwhelm the senses…?"
Another instance in which the curtain was pulled back on mind control research by the U.S. government involved the online description by the American Psychological Association (APA) of a CIA and Rand Corporation workshop which it co-sponsored in July 2003 at Rand’s Arlington, Virginia headquarters. The event was attended by approximately 40 research psychologists, psychiatrists, neurologists, as well as "representatives from the CIA, FBI and Department of Defense with interests in intelligence operations."
One of these workshops, ostensibly on detection of deception, specifically described how participants should consider "sensory overloads on the maintenance of deceptive behaviors," including the use of "pharmacological agents. "How might we," the workshop asked, "overload the system or overwhelm the senses and see how it affects deceptive behaviors?"
The man in charge of "recruiting the operational expertise" for the workshop was Kirk Hubbard, Chief of the Research & Analysis Branch, Operational Assessment Division of the CIA. It appears likely that Hubbard was responsible for the presence at the workshop of SERE psychologists James Mitchell and Bruce Jessen, who were instrumental in the construction of the Bush administration’s "enhanced interrogation" torture program. Hubbard was also reported (by Scott Shane of the New York Times) to have brought James Mitchell to an informal meeting "of professors and law enforcement and intelligence officers… to brainstorm about Muslim extremism" at the home of former APA president Martin Seligman in November 2001.
Sometime in the past six months, the APA eliminated all references to the webpage described above, even going so far as to eliminate linked references to it on other webpages on its site. While the webpage that described the workshops has been scrubbed, mirrored images of the site remain available at well-known web archive sites, as I described in a recent article on this attempt to rewrite or hide APA’s offensive history. In one sense, this attempt to hide its history is not surprising, because the kind of activities discussed in these workshops are exactly like those that involved CIA and military mind control torture programs going back fifty years or more, and evidently still operational today.
The Role of Government Psychologist Susan Brandon
In a recent article, Scott Horton at Harper’s picked up on the unique link between the APA/CIA workshop and the recent revelations about torture at a hitherto unknown black site prison at Bagram Air Base in Afghanistan. That link was an individual, Susan Brandon.
Referenced by Horton as working for the Defense Intelligence Agency’s (DIA), Defense Counterintelligence and Human Intelligence Center (DCHC), a recent publication identified Brandon more fully as Chief for Research in the DCHC’s Behavioral Science Program. As Horton notes, a recent column by Marc Ambinder at The Atlantic described the DCHC as providing "intelligence operatives and interrogators….. [performing] interrogations for a sub-unit of Task Force 714, an elite counter-terrorism brigade." Interrogations at the Afghan black site reportedly have included use of sleep deprivation, sensory deprivation, brutality, isolation, relying on the guidelines of the Army Field Manual, including its Appendix M. Many human rights groups have criticized Appendix M as including techniques tantamount to torture and/or cruel, inhumane and degrading and illegal by domestic and international law.
Back in 2003, according to an APA news article, Brandon "jointly conceived" the APA/CIA workshops with Rand Associate Policy Analyst, Scott Gerwehr. At the time, psychologist Susan Brandon was the Program Officer for Affect and Biobehavioral Regulation at the National Institute of Mental Health, and worked on the APA/CIA program while also serving as "Senior Scientist" at the APA.
In the early 2000s, Dr. Brandon served as Behavioral and Social Science Principal at the Mitre Corporation, a company highly linked to U.S. Air Defense. Subsequent to her stint as APA’s Senior Scientist, she went on to work in for the Bush administration as Assistant Director of Social, Behavioral, and Educational Sciences for the White House Office of Science & Technology Policy. In addition, she became an instrumental member of the Social, Behavioral and Economic Sciences (SBES) Subcommittee of the National Science and Technology Council’s Committees on Science and Homeland and National Security.
Subsequently, as described in an important article by Stephen Soldz that extends many of the points in this essay, Brandon joined the Defense Department’s Counterintelligence Field Activity group (CIFA), which was later disbanded and reformed as part of the DCHC. Soldz also reminds us that Brandon was "one of the silent observers at the [APA] PENS [Psychological Ethics and National Security] taskforce described by dissident taskforce member Jean Maria Arrigo as exerting pressure on members to adopt a likely pre-approved policy in favor of participation in Guantánamo, CIA, and other interrogations. According to a 2005 article by Geoff Mumford, APA’s Director of Science Policy, Dr. Brandon "helped steer much of the association’s scientific outreach relevant to counter-terrorism after 9/11."
One example of such outreach would include the June 11, 2002 meeting between Brandon, and other top APA officials with "two senior staff members in the National Security Council’s (NSC’s) Office of Combating Terrorism" (OCT). Since Vice Admiral William McRaven was head of OCT at that time, perhaps Brandon’s acquaintance with the world of Special Operations dates to that time, as McRaven was to become Commander of Joint Special Operations Command (JSOC).
JSOC is the other Defense Department component, besides DIA, that has been linked currently with the management of the black site prisons run by the Obama administration, subsequent to President Obama’s apparent closure of the CIA black sites. One reputable source has informed me that there are eight such black site prisons in Afghanistan alone. A recent report by the BBC corroborated earlier reports by the New York Times and the Washington Post. The article by Ambinder further elaborated upon this story.
Why is the Obama Administration Still Involved in Torture?
It is not known if Dr. Brandon has been involved in any of the reported abuses of prisoners coming out of Bagram’s Tor prison, or elsewhere. Yet one would think the Obama administration and the Pentagon has a lot to explain in utilizing as their behavioral chief of research for an agency involved in intelligence operations, including interrogation. But then, why is the Obama administration involved in torture or operating secret prisons at all? President Obama has manifestly broken his promise to the American people to end torture and close all secret prisons. Nor has Congress done their due diligence in investigating these matters. Only when the American people fully understand the extent to which these activities have occupied the government and their various collaborators, like the APA, will society be able to take the necessary steps to end these abuses, and hold those accountable for what amount to crimes against humanity.
As for psychologists, Dr. Soldz rightly notes, "Psychology as a profession is at a crossroads." The same holds true for other professions involved with this abusive and criminal history, including the activities of anthropologists in the military’s Human Terrain System teams in Afghanistan, researchers in numerous academic departments across the country, and the many reports of doctors and other medical personnel involved in the monitoring of torture activities for the CIA and Defense Department. The use of torture has suborned U.S. civil society as a whole in activities that are dark and evil, and the society as a whole must make a tremendous effort if it is to extirpate such evil from its midst.
*For an early document referring to Artichoke’s history, see CIA, Memorandum for the Record, Subject: Project ARTICHOKE, January 31, 1975. While this MOR downplays Artichoke’s history, it represents the degree to which the CIA was willing to reveal such operations. The Truthout article discusses Operation Dormouse, where then Ford administration officials Dick Cheney and Donald Rumsfeld worked with the CIA to limit revelations about Artichoke and other CIA torture and assassination operations.

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