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Six Questions for Jane Mayer, Author of the Dark Side
Six Questions for Jane Mayer, Author of The Dark Side By Scott Horton, HARPER’S, July, 2008 In a series of gripping articles, Jane Mayer has chronicled the Bush Administration’s grim and furtive dealings with torture and has exposed both the individuals within the administration who “made it happen” (a group that starts with Vice President Cheney and his chief of staff, David Addington), the team of psychologists who put together the palette of techniques, and the Fox television program “24,” which was developed to help sell it to the American public. In a new book, The Dark Side, Mayer puts together the major conclusions from her articles and fills in a number of important gaps. Most significantly, we learn the details on the torture techniques and the drama behind the fierce and lingering struggle within the administration over torture, and we learn that many within the administration recognized the potential criminal accountability they faced over these torture tactics and moved frantically to protect themselves from possible future prosecution. I put six questions to Jane Mayer on the subject of her book, The Dark Side. 1. Reports have circulated for some time that the Red Cross examination of the CIA’s highly coercive interrogation regime—what President Bush likes to call “The Program”—concluded that it was “tantamount to torture.” But you write that the Red Cross categorically described the program as “torture.” The Red Cross is notoriously tight-lipped about its reports, and you do not cite your source or even note that you examined the report. Do you believe that the threat of criminal prosecution drove the Bush Administration’s crafting of the Military Commissions Act? Whether anyone involved in the Bush Administration’s interrogation and detention program will be prosecuted is as much a political question as a legal one. -
A Public Accountability Defense for National Security Leakers and Whistleblowers
A Public Accountability Defense For National Security Leakers and Whistleblowers The Harvard community has made this article openly available. Please share how this access benefits you. Your story matters Citation Yochai Benkler, A Public Accountability Defense For National Security Leakers and Whistleblowers, 8 Harv. L. & Pol'y Rev. 281 (2014). Published Version http://www3.law.harvard.edu/journals/hlpr/files/2014/08/ HLP203.pdf Citable link http://nrs.harvard.edu/urn-3:HUL.InstRepos:12786017 Terms of Use This article was downloaded from Harvard University’s DASH repository, and is made available under the terms and conditions applicable to Open Access Policy Articles, as set forth at http:// nrs.harvard.edu/urn-3:HUL.InstRepos:dash.current.terms-of- use#OAP A Public Accountability Defense for National Security Leakers and Whistleblowers Yochai Benkler* In June 2013 Glenn Greenwald, Laura Poitras, and Barton Gellman be- gan to publish stories in The Guardian and The Washington Post based on arguably the most significant national security leak in American history.1 By leaking a large cache of classified documents to these reporters, Edward Snowden launched the most extensive public reassessment of surveillance practices by the American security establishment since the mid-1970s.2 Within six months, nineteen bills had been introduced in Congress to sub- stantially reform the National Security Agency’s (“NSA”) bulk collection program and its oversight process;3 a federal judge had held that one of the major disclosed programs violated the -
Mitchell James 01.16.17.Ptx
Case 2:15-cv-00286-JLQ Document 176-1 Filed 05/22/17 Exhibit 1 Case 2:15-cv-00286-JLQ Document 176-1 Filed 05/22/17 Page 1 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF WASHINGTON AT SPOKANE - - - SULEIMAN ABDULLAH : SALIM, MOHOMED AHMED : DOCKET NO. BEN SOUD, OBAID ULLAH : (as personal : 2:15-CV-286-JLQ representative of GUL : RAHMAN), : : Plaintiffs, : : v. : : JAMES ELMER MITCHELL : and JOHN "BRUCE" : JESSEN, : : Defendants. : - - - Monday, January 16, 2017 - - - Videotaped deposition of JAMES E. MITCHELL taken pursuant to notice, was held at the law offices of Blank Rome, 130 N. 18th Street, Philadelphia, Pennsylvania 19103, beginning at 10:13 AM, on the above date, before Constance S. Kent, a Registered Professional Reporter and Notary Public in and for the Commonwealth of Pennsylvania. * * * MAGNA LEGAL SERVICES (866) 624-6221 www.MagnaLS.com Case 2:15-cv-00286-JLQ Document 176-1 Filed 05/22/17 Page 6 Page 8 1 NO. DESCRIPTION PAGE 1 THE VIDEOGRAPHER: We are 2 Exhibit 20 Fax, Generic Description 321 of the Process, Bates 2 now on the record. 3 DOJ OLC 1126 through 3 This begins DVD No. 1 in the 1144 4 4 deposition of James Elmer Mitchell Exhibit 21 CIA Comments on the 323 5 in the matter of Salim versus 5 Senate Select Committee James Elmer Mitchell and Bruce -- on Intelligence Report 6 6 on the Rendition, 7 John Bruce Jessen in the United Detention and 8 States District Court for the 7 Interrogation Program 8 Exhibit 22 Document, Bates USA 1629 335 9 Eastern District of Washington. -
True and False Confessions: the Efficacy of Torture and Brutal
Chapter 7 True and False Confessions The Efficacy of Torture and Brutal Interrogations Central to the debate on the use of “enhanced” interrogation techniques is the question of whether those techniques are effective in gaining intelligence. If the techniques are the only way to get actionable intelligence that prevents terrorist attacks, their use presents a moral dilemma for some. On the other hand, if brutality does not produce useful intelligence — that is, it is not better at getting information than other methods — the debate is moot. This chapter focuses on the effectiveness of the CIA’s enhanced interrogation technique program. There are far fewer people who defend brutal interrogations by the military. Most of the military’s mistreatment of captives was not authorized in detail at high levels, and some was entirely unauthorized. Many military captives were either foot soldiers or were entirely innocent, and had no valuable intelligence to reveal. Many of the perpetrators of abuse in the military were young interrogators with limited training and experience, or were not interrogators at all. The officials who authorized the CIA’s interrogation program have consistently maintained that it produced useful intelligence, led to the capture of terrorist suspects, disrupted terrorist attacks, and saved American lives. Vice President Dick Cheney, in a 2009 speech, stated that the enhanced interrogation of captives “prevented the violent death of thousands, if not hundreds of thousands, of innocent people.” President George W. Bush similarly stated in his memoirs that “[t]he CIA interrogation program saved lives,” and “helped break up plots to attack military and diplomatic facilities abroad, Heathrow Airport and Canary Wharf in London, and multiple targets in the United States.” John Brennan, President Obama’s recent nominee for CIA director, said, of the CIA’s program in a televised interview in 2007, “[t]here [has] been a lot of information that has come out from these interrogation procedures. -
Olin Foundation in 1953, Olin Embarked on a Radical New Course
THE CHRONICLE REVIEW How RightWing Billionaires Infiltrated Higher Education By Jane Mayer FEBRUARY 12, 2016 If there was a single event that galvanized conservative donors to try to wrest control of higher education in America, it might have been the uprising at Cornell University on April 20, 1969. That afternoon, during parents’ weekend at the Ithaca, N.Y., campus, some 80 black students marched in formation out of the student union, which they had seized, with their clenched fists held high in blackpower salutes. To the shock of the genteel Ivy League community, several were brandishing guns. At the head of the formation was a student who called himself the "Minister of Defense" for Cornell’s AfroAmerican Society. Strapped across his chest, Pancho Villastyle, was a sashlike bandolier studded with bullet cartridges. Gripped nonchalantly in his right hand, with its butt resting on his hip, was a glistening rifle. Chin held high and sporting an Afro, goatee, and eyeglasses reminiscent of Malcolm X, he was the face of a drama so infamous it was regarded for years by conservatives such as David Horowitz as "the most disgraceful occurrence in the history of American higher education." John M. Olin, a multimillionaire industrialist, wasn’t there at Cornell, which was his alma mater, that weekend. He was traveling abroad. But as a former Cornell trustee, he could not have gone long without seeing the iconic photograph of the armed protesters. What came to be known as "the Picture" quickly ricocheted around the world, eventually going on to win that year’s Pulitzer Prize. -
Deconstructing the Administrative State: Chevron Debates and the Transformation of Constitutional Politics
DECONSTRUCTING THE ADMINISTRATIVE STATE: CHEVRON DEBATES AND THE TRANSFORMATION OF CONSTITUTIONAL POLITICS CRAIG GREEN* ABSTRACT This Article contrasts Reagan-era conservative support for Chevron U.S.A. v. NRDC with conservative opposition to Chevron deference today. That dramatic shift offers important context for understanding how future attacks on the administrative state will develop. Newly collected historical evidence shows a sharp pivot after President Obama’s reelection, and conservative opposition to Chevron deference has become stronger ever since. The sudden emergence of anti-Chevron critiques, along with their continued growth during a Republican presidency, suggests that such arguments will increase in power and popularity for many years to come. Although critiques of Chevron invoke timeless rhetoric about constitutional structure, those critiques began at a very specific moment, and that historical coincidence fuels existing skepticism about such arguments’ substantive merit. This Article analyzes institutional questions surrounding Chevron with deliberate separation from modern politics. Regardless of one’s substantive opinions about President Trump, federal regulation, or administrative deference, this Article identifies extraordinary costs to the legal system of overruling Chevron through mechanisms of constitutional law. * Professor of Law, Temple University Beasley School of Law; Ph.D., Princeton University; J.D., Yale Law School. Many thanks for comments from participants at the Federal Administrative Law Judges Conference and the Philadelphia Law Department’s Annual Conference. Thanks also for individual suggestions from Kent Barnett, Jane Baron, Pamela Bookman, Heather Elliott, Kellen Funk, Tara Leigh Grove, Joseph Hall, Jonathan Lipson, Jane Manners, Gillian Metzger, Henry Monaghan, Andrea Monroe, Lauren Ouziel, Rachel Rebouché, Dan Rodgers, and Neil Siegel. -
ACLU-RDI 6808 P.1 Page 2 1 2 January 31, 2017 3 12:19 P.M
Page 1 UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF WASHINGTON Civil Action No. 2:15-CV-286-JLQ -----------------------------------) SULEIMAN ABDULLAH SALIM, MOHAMED AHMED BEN SOUD, OBAID ULLAH (AS PERSONAL REPRESENTATIVE OF GUL RAHMAN), Plaintiffs, vs. JAMES ELMER MITCHELL and JOHN "BRUCE" JESSEN, Defendants. -----------------------------------) DEPOSITION OF OBAIDULLAH New York, New York January 31, 2017 Reported by: Linda Salzman, RPR Job No. 17896 TransPerfect Legal Solutions 212-400-8845 - [email protected] ACLU-RDI 6808 p.1 Page 2 1 2 January 31, 2017 3 12:19 p.m. 4 5 Deposition of OBAIDULLAH, the 6 witness herein, held at the offices 7 of American Civil Liberties Union, 8 125 Broad Street, New York, New 9 York, pursuant to Notice, before 10 Linda Salzman, a Notary Public of 11 the State of New York. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 TransPerfect Legal Solutions 212-400-8845 - [email protected] ACLU-RDI 6808 p.2 Page 3 1 2 A P P E A R A N C E S: 3 4 On Behalf of Plaintiffs: 5 Gibbons, PC 6 One Gateway Center 7 Newark, New Jersey 07102-5310 8 (973) 596-4731 9 BY: LAWRENCE S. LUSTBERG, ESQ. [email protected] 10 KATE JANUKOWICZ, ESQ. 11 [email protected] 12 DANIEL MCGRADY, ESQ. [email protected] 13 - and - 14 15 AMERICAN CIVIL LIBERTIES UNION 16 125 Broad Street 17 18th Floor 18 New York, New York 10004-2400 19 BY: DROR LADIN, ESQ. [email protected] 20 21 22 23 24 (Continued) 25 TransPerfect Legal Solutions 212-400-8845 - [email protected] ACLU-RDI 6808 p.3 Page 4 1 2 A P P E A R A N C E S: (Continued) 3 4 On Behalf of Defendants: 5 BLANK ROME LLP 6 One Logan Square 7 130 North 18th Street 8 Philadelphia, Pennsylvania 19103-6998 9 (215) 569-5791 10 BY: BRIAN S. -
“THE REPORT” Viewer Information and Discussion Guide
“THE REPORT” Viewer Information and Discussion Guide PAGE 1 TABLE OF CONTENTS BACKGROUND --------------------------------------------------------------------------------------------------------------------- page 2 CHARACTER DETAILS Daniel J. Jones --------------------------------------------------------------------------------------------------------------------------------- page 3 Dianne Feinstein ------------------------------------------------------------------------------------------------------------------------------ page 4 Denis McDonough ---------------------------------------------------------------------------------------------------------------------------- page 5 John Owen Brennan ------------------------------------------------------------------------------------------------------------------------- page 6 James Elmer Mitchell ------------------------------------------------------------------------------------------------------------------------- page 7 Martin Heinrich --------------------------------------------------------------------------------------------------------------------------------- page 7 George Tenet ---------------------------------------------------------------------------------------------------------------------------------- page 8 Sheldon Whitehouse ------------------------------------------------------------------------------------------------------------------------- page 9 John A. Rizzo --------------------------------------------------------------------------------------------------------------------------------- -
The Constitutional and Political Clash Over Detainees and the Closure of Guantanamo
UNIVERSITY OF PITTSBURGH LAW REVIEW Vol. 74 ● Winter 2012 PRISONERS OF CONGRESS: THE CONSTITUTIONAL AND POLITICAL CLASH OVER DETAINEES AND THE CLOSURE OF GUANTANAMO David J.R. Frakt ISSN 0041-9915 (print) 1942-8405 (online) ● DOI 10.5195/lawreview.2012.195 http://lawreview.law.pitt.edu This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 3.0 United States License. This site is published by the University Library System of the University of Pittsburgh as part of its D- Scribe Digital Publishing Program and is cosponsored by the University of Pittsburgh Press. PRISONERS OF CONGRESS: THE CONSTITUTIONAL AND POLITICAL CLASH OVER DETAINEES AND THE CLOSURE OF GUANTANAMO David J.R. Frakt Table of Contents Prologue ............................................................................................................... 181 I. Introduction ................................................................................................. 183 A. A Brief Constitutional History of Guantanamo ................................... 183 1. The Bush Years (January 2002 to January 2009) ....................... 183 2. The Obama Years (January 2009 to the Present) ........................ 192 a. 2009 ................................................................................... 192 b. 2010 to the Present ............................................................. 199 II. Legislative Restrictions and Their Impact ................................................... 205 A. Restrictions on Transfer and/or Release -
Case 2:15-Cv-00286-JLQ Document 175 Filed 05/22/17
Case 2:15-cv-00286-JLQ Document 175 Filed 05/22/17 UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF WASHINGTON AT SPOKANE SULEIMAN ABDULLAH SALIM, et al., NO. 2: l 5-cv-286-JLQ Plaintiffs, DECLARATION OF JOSE RODRIGUEZ VS. JAMES E. MITCHELL and JOHN JESSEN, Defendants. I, Jose Rodriguez, hereby declare under penalty of perjury in accordance with the laws of the State of Washington, that the following is true and correct and within my personal knowledge and belief to the best of my recollection, and while I have no specific recollection of all the exhibits, I have no reason to dispute their accuracy or authenticity: A. BACKGROUND 1. I am over the age of 18, have personal know ledge of all facts contained in this declaration, and am competent to testify as a witness to those facts. 2. I began working for the United States Central Intelligence Agency ("CIA") in 1976, shortly after graduating from law school. 3. As of September 11, 2001, I had achieved the rank of SIS 4 within the CIA. This is equivalent to the rank of a three-star general. 4. In the immediate aftermath of September 11, 2001, I served as the CIA's Counterterrorism Center's ("CTC") Chief Operating Officer/Deputy Director. The CTC is a division of the CIA's National Clandestine Service. 5. From May 2002 until November 2004, I served as the Director of the CTC. Case 2:15-cv-00286-JLQ Document 175 Filed 05/22/17 6. From November 2004 until October 2005, I served as the Deputy Director of Operations for the CIA. -
Extraordinary Rendition and Torture What the Narratives of Victims Reveal and Require
Extraordinary Rendition and Torture What the Narratives of Victims Reveal and Require UNC School of Law Joshua R. Bennett Isabelle Chammas Siya Hegde Hillary Li Jeffrey S. Nooney Matt Norchi Seth Proctor Tyler J. Walters Deborah M. Weissman Reef C. Ivey II Distinguished Professor of Law Faculty Advisor http://www.law.unc.edu/documents/academics/humanrights/narrativethemes.pdf November 2017 Extraordinary Rendition and Torture What the Narratives of Victims Reveal and Require Table of Contents I. History of the Extraordinary Rendition Program 1 II. Torture and its Long-Term Effects 7 III. The Role of Islamophobia in the Extraordinary Rendition and Torture Program 15 IV. The Cost of Torture 23 V. The Link Between Domestic Criminal Justice Reform and International Human Rights 28 VI. Government Contractor Liability 37 VII. The United States’ Legal and Moral Obligations to Provide Fair and Adequate Compensation for Released Detainee 43 VIII. Relief for Torture Victims and its Barriers 52 I. History of the Extraordinary Rendition Program Extraordinary rendition, as it was practiced post-September 11, 2001, and as it is described in the pages that follow, connotes the latest iteration of a program that has a much longer history. Before briefly surveying the program’s history, it is helpful to consider its definition. According to the Open Society Justice Initiative, no official U.S. government definition of the program exists,1 despite the fact that it is the U.S. government that was responsible for designing and implementing it. The Open Society formulated its own definition as “the transfer—without legal process—of a detainee to the custody of a foreign government for purposes of detention and interrogation.”2 1 OPEN SOCIETY JUSTICE INITIATIVE, GLOBALIZING TORTURE: CIA SECRET DETENTION AND EXTRAORDINARY RENDITION 13 (2013), https://www.opensocietyfoundations.org/sites/default/files/globalizing-torture-20120205.pdf. -
The Billionaire Behind Efforts to Kill the U.S. Postal Service by Lisa Graves/True North Research for in the Public Interest
The Billionaire Behind Efforts to Kill the U.S. Postal Service By Lisa Graves/True North Research for In the Public Interest JULY 2020 About Lisa Graves Lisa Graves is the Executive Director of True North and its editor-in-chief. She has spearheaded several major breakthrough investigations into those distorting American democracy and public policy. Her research and analysis have been cited by every major paper in the country, and featured in critically acclaimed books and documentaries including Ava DuVernay’s “The 13th.” She has appeared frequently on MSNBC as a guest on Last Word with Lawrence O’Donnell as well as on other MSNBC shows. She has also served as a guest expert on CNN, ABC, NBC, CBS, CNBC, BBC, C-SPAN, Amy Goodman’s Democracy Now!, the Laura Flanders Show, and other news shows. She’s written for the New York Times, Slate, TIME, the Nation, In These Times, the Progressive, PRWatch, Common Dreams, Yes!, and other outlets. Her research is cited in major books such as Dark Money by Jane Mayer, Give Us the Ballot by Ari Berman, Corporate Citizen by Ciara Torres-Spelliscy, The Fall of Wisconsin by Dan Kaufman, and others. About In the Public Interest In the Public Interest is a research and policy center committed to promoting the common good and democratic control of public goods and services. We help citizens, public officials, advocacy groups, and researchers better understand the impacts that government contracts and public-private agreements have on service quality, democratic decision- making, and public budgets. Our goal is to ensure that government contracts, agreements, and related policies increase transparency, accountability, efficiency, and shared prosperity through the provision of public goods and services.