Cheney

Scott Horton of Harpers on the former Vice President:

“I was a big supporter of waterboarding,” Cheney said in an appearance on ABC’s This Week on Sunday. He went on to explain that Justice Department lawyers had been instructed to write legal opinions to cover the use of this and other torture techniques after the White House had settled on them.

Section 2340A of the federal criminal code makes it an offense to torture or to conspire to torture. Violators are subject to jail terms or to death in appropriate cases, as where death results from the application of torture techniques. Prosecutors have argued that a criminal investigation into torture undertaken with the direction of the Bush White House would raise complex legal issues, and proof would be difficult. But what about cases in which an instigator openly and notoriously brags about his role in torture? Cheney told Jonathan Karl that he used his position within the National Security Council to advocate for the use of waterboarding and other torture techniques. Former CIA agent John Kiriakou and others have confirmed that when waterboarding was administered, it was only after receiving NSC clearance. Hence, Cheney was not speaking hypothetically but admitting his involvement in the process that led to decisions to waterboard in at least three cases.

What prosecutor can look away when a perpetrator mocks the law itself and revels in his role in violating it? Such cases cry out for prosecution. Dick Cheney wants to be prosecuted. And prosecutors should give him what he wants.

- Garry J. Wise, Toronto

Visit our Toronto Law Firm website: www.wiselaw.net

EMPLOYMENT LAW • CIVIL LITIGATION • WILLS AND ESTATES • FAMILY LAW & DIVORCE

ORIGINALLY POSTED AT WISE LAW BLOG • SUBSCRIBE TO WISE LAW BLOG

Quotable: On Torture, Waterboarding, and Dick Cheney

Jesse (the Governing Body) Ventura, former Minnesota Governor, Navy Seal and professional wrestler:  

I would prosecute every person who was involved in that torture. I would prosecute the people that did it, I would prosecute the people that ordered it, because torture is against the law... I was waterboarded [in training] so I know... It is torture...I'll put it to you this way:  You give me a waterboard, Dick Cheney and one hour, and I'll have him confess to the Sharon Tate murders.

Here's the video:

- Garry J. Wise, Toronto

Visit our Toronto Law Firm website: www.wiselaw.net

EMPLOYMENT LAW • CIVIL LITIGATION • WILLS AND ESTATES • FAMILY LAW & DIVORCE

ORIGINALLY POSTED AT WISE LAW BLOG • SUBSCRIBE TO WISE LAW BLOG

"Never Any Justification"

David H. Remes, a lawyer who represents eleven Guantanamo Bay detainees:

“There is never any justification for destroying materials that any reasonable person would believe might be requested in a civil or criminal proceeding,” said Mr. Remes, of the law firm Covington & Burling. “The C.I.A. had every reason to believe the videotapes would be relevant down the road.”

- From a New York Times report

- Garry J. Wise, Toronto

Visit our Toronto Law Firm website: www.wiselaw.net

EMPLOYMENT LAW • CIVIL LITIGATION • WILLS AND ESTATES • FAMILY LAW & DIVORCE

ABC News: CIA Interrogator Acknowledges Waterboarding is Torture

ABC News:

A leader of the CIA team that captured the first major al Qaeda figure, Abu Zubaydah, says subjecting him to waterboarding was torture but necessary.

In the first public comment by any CIA officer involved in handling high-value al Qaeda targets, John Kiriakou, now retired, said the technique broke Zubaydah in less than 35 seconds.

... Kiriakou says he did not know that the interrogation of Zubaydah was being secretly recorded by the CIA and had no idea the tapes had been destroyed.

Now retired, Kiriakou, who declined to use the enhanced interrogation techniques, says he has come to believe that water boarding is torture but that perhaps the circumstances warranted it.

Watch the full interview: CIA Agent Speaks Out, Part 1

- Garry J. Wise, Toronto

Visit our Toronto Law Firm website: www.wiselaw.net

EMPLOYMENT LAW • CIVIL LITIGATION • WILLS AND ESTATES • FAMILY LAW & DIVORCE

Did CIA Lawyers OK Torture Tape Destruction?

According to a New York Times report, CIA lawyers played an integral role in approving the destruction of videotapes depicting the US interrogations and waterboardings of key Al Quaeda prisoners:

WASHINGTON, Dec. 10 — Lawyers within the clandestine branch of the Central Intelligence Agency gave written approval in advance to the destruction in 2005 of hundreds of hours of videotapes documenting interrogations of two lieutenants from Al Qaeda, according to a former senior intelligence official with direct knowledge of the episode.

The involvement of agency lawyers in the decision making would widen the scope of the inquiries into the matter that have now begun in Congress and within the Justice Department. Any written documents are certain to be a focus of government investigators as they try to reconstruct the events leading up to the tapes’ destruction.
The former intelligence official acknowledged that there had been nearly two years of debate among government agencies about what to do with the tapes, and that lawyers within the White House and the Justice Department had in 2003 advised against a plan to destroy them. But the official said that C.I.A. officials had continued to press the White House for a firm decision, and that the C.I.A. was never given a direct order not to destroy the tapes.

“They never told us, ‘Hell, no,’” he said. “If somebody had said, ‘You cannot destroy them,’ we would not have destroyed them.”

... In describing the decision to destroy the tapes, current and former officials said John A. Rizzo, the agency’s top lawyer at the time, was not asked for final approval before the tapes were destroyed, although Mr. Rizzo had been involved in discussions for two years about the tapes.

It is unclear what weight an opinion from a lawyer within the clandestine service would have if it were not formally approved by Mr. Rizzo. But the former official said Mr. Rodriguez and others in the clandestine branch believed the legal judgment gave them the blessing to destroy the tapes.

...Gen. Michael V. Hayden, the C.I.A. director, is scheduled to appear before a closed session of the Senate Intelligence Committee on Tuesday to answer questions about the tapes’ destruction. He has defended the action as having been “done in line with the law,” but the destruction has prompted sharp criticism from Republicans and Democrats in Congress.

It is no secret that there are rogue lawyers within the Bush Administration. They have regularly provided specious legal opinions that stretch credulity. They have given the sheen of legal cover to the Administration in countless circumstances of Constitutional line-crossing, ancillary to the so called War on Terror.

Nonetheless, blaming the lawyers in this instance seems little more than a trial balloon that entirely misses the point. Legal advisers have never been the decision makers here.

Responsibility lies upstairs for the outlandish decisions to utilize torture and to obstruct justice by destroying videotape evidence of it.

Way upstairs.

- Garry J. Wise, Toronto

Visit our Toronto Law Firm website: www.wiselaw.net

EMPLOYMENT LAW • CIVIL LITIGATION • WILLS AND ESTATES • FAMILY LAW & DIVORCE