The Hippocratic Myth: Why Doctors Have to Ration Care, Practice
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The Ethics of Interrogation and the Rule of Law Release Date: April 23, 2018
Release Date: April 23, 2018 CERL Report on The Ethics of Interrogation and the Rule of Law Release Date: April 23, 2018 CERL Report on The Ethics of Interrogation and the Rule of Law I. Introduction On January 25, 2017, President Trump repeated his belief that torture works1 and reaffirmed his commitment to restore the use of harsh interrogation of detainees in American custody.2 That same day, CBS News released a draft Trump administration executive order that would order the Intelligence Community (IC) and Department of Defense (DoD) to review the legality of torture and potentially revise the Army Field Manual to allow harsh interrogations.3 On March 13, 2018, the President nominated Mike Pompeo to replace Rex Tillerson as Secretary of State, and Gina Haspel to replace Mr. Pompeo as Director of the CIA. Mr. Pompeo has made public statements in support of torture, most notably in response to the Senate Intelligence Committee’s 2014 report on the CIA’s use of torture on post-9/11 detainees,4 though his position appears to have altered somewhat by the time of his confirmation hearing for Director of the CIA, and Ms. Haspel’s history at black site Cat’s Eye in Thailand is controversial, particularly regarding her oversight of the torture of Abd al-Rahim al-Nashiri5 as well as her role in the destruction of video tapes documenting the CIA’s use of enhanced interrogation techniques.6 In light of these actions, President Trump appears to be signaling his support for legalizing the Bush-era techniques applied to detainees arrested and interrogated during the war on terror. -
United States District Court Eastern District Of
Case 2:15-cv-00286-JLQ ECF No. 239 filed 08/07/17 PageID.9393 Page 1 of 43 1 2 UNITED STATES DISTRICT COURT 3 EASTERN DISTRICT OF WASHINGTON 4 5 SULEIMAN ABDULLAH SALIM, et al., ) ) 6 ) No. CV-15-0286-JLQ Plaintiffs, ) 7 ) MEMORANDUM OPINION ) RE: MOTIONS FOR SUMMARY 8 vs. ) JUDGMENT ) 9 ) JAMES E. MITCHELL and JOHN ) 10 JESSEN, ) ) 11 Defendants. ) ___________________________________ ) 12 BEFORE THE COURT are Defendants’ Motion for Summary Judgment (ECF No. 13 169), Plaintiffs’ Motion for Partial Summary Judgment (ECF No. 178), and Defendants’ 14 Motion to Exclude (ECF No. 198). Response and Reply briefs have been filed and 15 considered. The parties have submitted a voluminous record of over 4,000 pages of 16 evidentiary exhibits. The court heard oral argument on the Motions on July 28, 2017. 17 James Smith, Henry Schuelke, III, Brian Paszamant, and Christopher Tompkins appeared 18 for Defendants James Mitchell and John Jessen. Hina Shamsi, Steven Watt, Dror Ladin, 19 Lawrence Lustberg, and Jeffry Finer appeared for Plaintiffs Suleiman Abdullah Salim, 20 Mohamed Ahmed Ben Soud, and Obaid Ullah. The court issued its preliminary oral 21 ruling. This Opinion memorializes and supplements the court’s oral ruling. 22 I. Introduction and Factual Allegations from Complaint 23 The Complaint in this matter alleges Plaintiffs Suleiman Abdullah Salim (“Salim”), 24 Mohamed Ahmed Ben Soud (“Soud”), and Gul Rahman (“Rahman”)1(collectively herein 25 Plaintiffs) were the victims of psychological and physical torture. Plaintiffs are all 26 27 1Obaid Ullah is the personal representative of the Estate of Gul Rahman. 28 ORDER - 1 Case 2:15-cv-00286-JLQ ECF No. -
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. -
Beyond Preservation: Reconstructing Sites of Slavery, Reconstruction, and Segregation Charlotte Adams University of South Carolina
University of South Carolina Scholar Commons Theses and Dissertations 2018 Beyond Preservation: Reconstructing Sites Of Slavery, Reconstruction, And Segregation Charlotte Adams University of South Carolina Follow this and additional works at: https://scholarcommons.sc.edu/etd Part of the Public History Commons Recommended Citation Adams, C.(2018). Beyond Preservation: Reconstructing Sites Of Slavery, Reconstruction, And Segregation. (Master's thesis). Retrieved from https://scholarcommons.sc.edu/etd/4880 This Open Access Thesis is brought to you by Scholar Commons. It has been accepted for inclusion in Theses and Dissertations by an authorized administrator of Scholar Commons. For more information, please contact [email protected]. BEYOND PRESERVATION: RECONSTRUCTING SITES OF SLAVERY, RECONSTRUCTION, AND SEGREGATION by Charlotte Adams Bachelor of Arts University of South Carolina, 2016 Submitted in Partial Fulfillment of the Requirements For the Degree of Master of Arts in Public History College of Arts and Sciences University of South Carolina 2018 Accepted by: Robert Weyeneth, Director of Thesis Lana A. Burgess, Reader Cheryl L. Addy, Vice Provost and Dean of the Graduate School © Copyright by Charlotte Adams, 2018 All Rights Reserved. ii Abstract The Secretary of the Interior’s Standards for the Treatment of Historic Properties define reconstruction as “the act or process of depicting, by means of new construction, the form, features, and detailing of a non-surviving site, landscape, building, structure, or object for the purpose of replicating its appearance at a specific period of time and in its historic location.”1 Reconstruction is a controversial treatment method among historic preservationists, so this thesis seeks to answer the question of why stewards of historic sites still choose to reconstruct nonextant buildings. -
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. -
“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 --------------------------------------------------------------------------------------------------------------------------------- -
Ethics Abandoned: Medical Professionalism and Detainee Abuse in the “War on Terror”
Ethics AbAndonEd: Medical Professionalism and Detainee Abuse in the “War on Terror” A task force report funded by IMAP/OSF November 2013 Copyright © 2013 Institute on Medicine as a Profession Table of Contents All rights reserved. this book or any portion thereof may not be reproduced or used in any manner whatsoever without the express written permission of the AboUt iMAP And osF v publisher except for the use of brief quotations in a book review. AcknoWlEdgMEnts vii Printed in the United states of America First Printing, 2013 ExEcUtivE sUMMArY xi institUtE on MEdicinE As A ProFEssion Findings And rEcoMMEndAtions xxxi columbia University, college of Physicians and surgeons 630 West 168th street P&s box 11, new York, nY 10032 introdUction 1 www.imapny.org chAPtEr 1: The role of health professionals in abuse of 11 prisoners in U.S. custody chAPtEr 2: Organizational structures and policies that 55 directed the role of health professionals in detainee abuse chAPtEr 3: Hunger strikes and force-feeding 83 chAPtEr 4: Education and training of military physicians on 121 treatment of prisoners chAPtEr 5: Health professional accountability for acts of 135 torture through state licensing and discipline tAsk ForcE MEMbEr biogrAPhiEs 157 APPEndicEs 1. Istanbul Protocol Guidelines for Medical Evaluations of 169 Torture and Cruel, Inhuman or Degrading Treatment, Annex 4 2. World Medical Association Declaration of Malta on Hunger Strikes 175 3. Ethics Statements and Opinions of Professional Associations on 181 Interrogation and Torture 4. Professional Misconduct Complaints Filed 201 notEs 215 About IMAP and OSF Funding for this report was provided by: thE institUtE on MEdicinE As A ProFEssion (iMAP) aims to make medical professionalism a field and a force. -
Download Legal Document
Case 2:15-cv-00286-JLQ ECF No. 247 filed 08/08/17 PageID.9666 Page 1 of 110 1 Emily Chiang, WSBA No. 50517 2 AMERICAN CIVIL LIBERTIES UNION OF WASHINGTON FOUNDATION 3 901 Fifth Avenue, Suite 630 4 Seattle, WA 98164 Phone: 206-624-2184 5 6 Dror Ladin (admitted pro hac vice) Steven M. Watt (admitted pro hac vice) 7 Hina Shamsi (admitted pro hac vice) 8 AMERICAN CIVIL LIBERTIES UNION FOUNDATION 9 Lawrence S. Lustberg (admitted pro hac vice) 10 Kate E. Janukowicz (admitted pro hac vice) Daniel J. McGrady (admitted pro hac vice) 11 Avram D. Frey (admitted pro hac vice) 12 GIBBONS P.C. 13 Jeffry K. Finer, WSBA #14610 14 Finer & Winn 35 West Maine Ave, Suite 300 15 Spokane, WA 99201 16 Attorneys for Plaintiffs 17 UNITED STATES DISTRICT COURT 18 FOR THE EASTERN DISTRICT OF WASHINGTON 19 SULEIMAN ABDULLAH SALIM, No. 15-cv-0286 (JLQ) 20 MOHAMED AHMED BEN SOUD, OBAIDULLAH (AS PERSONAL 21 PLAINTIFFS’ PROPOSED REPRESENTATIVE OF GUL RAHMAN), JURY INSTRUCTIONS 22 IN ACCORDANCE WITH Plaintiffs, LR 51.1 23 24 v. 25 JAMES ELMER MITCHELL and JOHN 26 “BRUCE” JESSEN Defendants. AMERICAN CIVIL LIBERTIES PLAINTIFFS’ PROPOSED JURY INSTRUCTIONS UNION OF WASHINGTON FOUNDATION Page | 1 901 Fifth Ave, Suite 630 (No. 2:15-CV-286-JLQ) Seattle, WA 98164 (206) 624-2184 Case 2:15-cv-00286-JLQ ECF No. 247 filed 08/08/17 PageID.9667 Page 2 of 110 1 In accordance with the Court’s May 30, 2017 Order re: Pretrial Filings 2 and Extending Deadlines (ECF No. -
Suleiman Complaint
1 La Rond Baker, WSBA No. 43610 2 [email protected] AMERICAN CIVIL LIBERTIES UNION OF WASHINGTON FOUNDATION 3 901 Fifth Avenue, Suite 630 4 Seattle, WA 98164 Phone: 206-624-2184 5 6 Steven M. Watt (pro hac vice pending) Dror Ladin (pro hac vice pending) 7 Hina Shamsi (pro hac vice pending) 8 Jameel Jaffer (pro hac vice pending) AMERICAN CIVIL LIBERTIES UNION FOUNDATION 9 125 Broad Street, 18th Floor 10 New York, New York 10004 11 Paul Hoffman (pro hac vice pending) 12 Schonbrun Seplow Harris & Hoffman, LLP 723 Ocean Front Walk, Suite 100 13 Venice, CA 90291 14 Attorneys for Plaintiffs 15 16 UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF WASHINGTON 17 18 SULEIMAN ABDULLAH SALIM, MOHAMED AHMED BEN SOUD, OBAID 19 ULLAH (AS PERSONAL 20 REPRESENTATIVE OF GUL RAHMAN), Civil Action No. 21 Plaintiffs, 22 v. COMPLAINT AND 23 DEMAND FOR JURY TRIAL 24 JAMES ELMER MITCHELL and JOHN “BRUCE” JESSEN 25 26 Defendants. 27 COMPLAINT AMERICAN CIVIL LIBERTIES Page | 1 UNION OF WASHINGTON FOUNDATION 901 Fifth Ave, Suite 630 Seattle, WA 98164 (206) 624-2184 1 I. INTRODUCTION 2 1. Defendants James Elmer Mitchell and John “Bruce” Jessen are 3 4 psychologists who designed, implemented, and personally 5 administered an experimental torture program for the U.S. Central 6 Intelligence Agency (“CIA”). 7 8 2. To create a torture program with a scientific veneer, Defendants drew 9 on experiments from the 1960s in which researchers taught dogs 10 “helplessness” by subjecting them to uncontrollable pain. Defendants 11 12 theorized that if human beings were subjected to systematic abuse, the 13 victims would become helpless and unable to resist an interrogator’s 14 demand for information. -
JAMES E. MITCHELL Taken Pursuant to Notice, Was Held at the Law Offices of Blank Rome, 130 N
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 Page 2 1 A P P E A R A N C E S: 2 GIBBONS, PC BY: LAWRENCE LUSTBERG, ESQUIRE 3 DANIEL McGRADY, ESQUIRE AVRAM D. FREY, ESQUIRE 4 KATE E. JANUKOWICZ, ESQUIRE One Gateway Center 5 Newark, New Jersey 07102 973.596.4731 6 Counsel for Plaintiffs 7 AMERICAN CIVIL LIBERTIES UNION BY: STEVEN M. WATT, ESQUIRE 8 DROR LADIN, ESQUIRE 125 Broad Street, 18th Floor 9 New York, New York 10004 212.519.7870 10 [email protected] Counsel for Plaintiffs 11 BLANK ROME, LLP 12 BY: JAMES T. SMITH, ESQUIRE JEFFREY ROSENTHAL, ESQUIRE 13 One Logan Square 18th and Cherry Streets 14 Philadelphia, Pennsylvania 19103 215.569.5550 15 [email protected] [email protected] 16 Counsel for Defendants 17 BLANK ROME BY: HENRY F. SCHUELKE, III, ESQUIRE 18 1825 Eye Street, NW Washington, DC 20006-5403 19 202.772.5815 [email protected] 20 Counsel for Defendants 21 U.S. -
Prosecuting Abuses of Detainees in U.S. Counter- Terrorism Operations
International Center for Transitional Justice CRIMINAL JUSTICE FOR CRIMINAL POLICY: Prosecuting Abuses of Detainees in U.S. Counter- terrorism Operations An ICTJ Policy Paper November 2009 Carolyn Patty Blum, Lisa Magarrell, Marieke Wierda Cover Image: Redacted page (52) from Counterterrorism Detention and Interrogation Activities (September 2001-October 2003), a May 2004 Special Review by the CIA’s Office of the Inspector General. Portions of that report have been declassified through litigation by the American Civil Liberties Union and other organizations under the Freedom of Information Act. The Bush administration released a few paragraphs and lines of the report in May 2008 and the Obama administration went considerably further in an August 2009 reclassification. Regardless, this page and many others, including all of the In- spector General’s recommendations, remain classified as of this writing. Ques- tions persist about the full scope of abuses under U.S. policies on rendition, de- tention and interrogation. ICTJ’s policy paper relies on declassified information and other reporting to make the case for a thorough criminal investigation of abuses in counterterrorism policy and operations. Such an investigation must include those parts of the “dark side” still hidden from public view. CRIMINAL JUSTICE FOR CRIMINAL POLICY: Prosecuting Abuses of Detainees in U.S. Counter- terrorism Operations November 2009 An ICTJ Policy Paper Carolyn Patty Blum, Lisa Magarrell, Marieke Wierda International Center for Transitional Justice ICTJ New York 5 Hanover Square, 24th Floor New York, NY 10004 Tel + 1 917 637 3800 Fax + 1 917 637 3900 About ICTJ About the U.S. Accountability Project The International Center for Transitional Justice works The U.S. -
Exhibits Attached to Arguments on Admissibility, Declaration of Mohammed Abdullah Saleh Al-Asad, and Declaration of Zahra Ahmed Mohamed
BEFORE THE AFRICAN COMMISSION FOR HUMAN & PEOPLES’ RIGHTS 49th ORDINARY SESSION: APRIL-MAY 2011 COMMUNICATION NO. 383/2010 In the matter between: MOHAMMED ABDULLAH SALEH AL-ASAD and DJIBOUTI EXHIBITS ATTACHED TO ARGUMENTS ON ADMISSIBILITY, DECLARATION OF MOHAMMED ABDULLAH SALEH AL-ASAD, AND DECLARATION OF ZAHRA AHMED MOHAMED EXHIBITS The United Republic of Tanzania Departure Declaration Card, 27 December 2003…….A Center for Human Rights and Global Justice, On the Record: U.S. Disclosures on Rendition, Secret Detention, and Coercive Interrogation (New York: NYU School of Law, 2008)………………………………………………………………………………..B Letter to the Attorney General of Djibouti, 31 March 2009…….….…..…….…….….…C United Nations Human Rights Council, 13th Session, Joint Study on Global Practices in Relation to Secret Detention in the Context of Countering Terrorism, U.N. Doc. A/HRC/13/42 (19 February 2010)………………………………………………………. D Republic v. Director of Immigration Services, ex parte Mohammed al-Asad (Habeas Corpus petition), High Court of Tanzania, 17 June 2004………………………………...E Amnesty International, United States of America: Below the radar- Secret flights to torture and ‘disappearance,’ 5 April 2006……………………………………………….F Prepared Remarks of Treasury Secretary John Snow to Announce Joint U.S. and Saudi Action Against Four Branches of Al-Haramain in the Financial War on Terror, JS-1107, 22 January 2004…………………………………………………………………………..G Henry Lyimo, Guardian (Dar es Salaam), Yemenis, Italians Expelled, 30 December 2003…………………………………………………………………………………...….H Roderick Ndomba, Daily News (Dar es Salaam), Dar Deports 2,367 Aliens, 30 December 2003……...……………………………..………………………………………………….I International Committee of the Red Cross, ICRC Report on the Treatment of Fourteen “High Value Detainees” in CIA Custody, 2007…………………………..……….……...J International Seismological Centre Earthquake Data…………………………………….K U.S.