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June 14, 2005What's Missing from the Interrogation Controversyby Dan Darling at June 14, 2005 4:56 PM
I haven't been following this debate probably as much as I should be, in large part because my time, especially now that I'm in DC, is extremely limited, and in large part because the hysterical character of some (not all) of the people pushing the interrogation controversy tends to lead me to distrust them as sources of sweet reason. Similarly, the willingness in the part of some quarters to believe anything and everything bad about the US military (even the statements of known or suspected terrorists) because it conforms to their worldview is always a nice refresher as to why a majority of the US military tends to vote GOP. This is not to say, however, that their concerns are totally without merit. My concerns about this whole interrogation controversy are multiple, but it isn't the same as most of the people driving the controversy. To put it another way, I don't give a damn if Khalid Sheikh Mohammed gets water-boarded every day for the rest of his life. The man is a mass murderer as well as a sadistic monster who slit Daniel Pearl's throat solely on account of the man's ethnicity and nationality, so I could care less about his comfort. However, the overwhelming sense of apathy I feel over what is done to KSM and the rest of bin Laden's lieutenants doesn't apply to everyone who is picked up as a suspected terrorist or insurgent. A number of the Afghan Gitmo detainees for example, appear to be just poor fools who had the bad luck to be conscripted into the Taliban during the course of Operation Enduring Freedom. I'm a lot less sanguine about all the Saudis and other Gulf Arabs (among them a minor Bahraini royal) who just happened to be picked up on the battlefield in Afghanistan while doing "charity work." This especially goes, and I may get some flack for saying this, for all of these European Muslims who were picked up in Afghanistan. The issue is made more complex, however, when you get into the detainees being held at Iraqi detention facilities like Abu Ghraib, the vast majority of whom are not hardened al-Qaeda fighters and were in many cases later released by US because they were no longer seen as a threat to coalition forces. One of the things that the whole issue of Qu'ran abuse has helped to focus my mind on is the effectiveness of some of the alleged techniques we keep hearing described. I'm not a professional interrogator and near as I can tell few people who have been involved in the pro or con on this debate are, but some of this doesn't strike me as stuff that's going to be terribly effective at breaking hardened terrorists. Then again, if the choice is between making someone listen to Christina Aguilera 24/7 and putting them in the Iron Maiden, I'd certainly prefer the former. And that to me gets at the whole part of why torture, entirely apart from any moral considerations, isn't a good idea as an interrogation technique. It's just as likely as not that a detainee is going to tell you what they think you want to hear to stop the pain as it is that they'll going to spill their guts. This is one of the reasons why I tend to be more partial to narco-interrogation as an effective means of getting the goods on these people as anything else as far as extracting intelligence, though such testimony is highly unlikely to be admitted as evidence in any court. And as long as I'm mentioning the fact that while there seems to be a lot of debate over interrogation (though there seems to be very few actual interrogators taking part in it) and prisoner abuse, very little of this is being put into perspective as far as what kinds of tactics are regularly used by police or the incidents of prisoner abuse (including homicide) within the civilian prison system. I don't know either, but I do think these need to be taken into account if you want to have a non-hysterical conversation about how to handle these guys within the context of the war on terrorism. Similarly, people need to understand that the interrogation of detainees, even absent any questionable behavior, is not going to be a pretty thing. That's why they call it "breaking." I also have a great deal of concern about treating these detainees as either common criminals and according them the full rights of the US criminal justice system. A lot of this has to do with what I think is the entirely realistic fear that those individuals who do constitute a threat to US national security will be able to beat the system and will attempt to go after us again. The case of Abdullah Mehsud, who was held and then released from Gitmo and then went on to lead a mini-rebellion against the Pakistani government that resulted in the death of several Chinese nationals is something that needs to be considered here, as is the case of Jamal Zougam, who was named in Spanish court documents as a member of Imad Yarkas's cell but it was decided there wasn't enough evidence to arrest him - so he was on hand to help perpetrate the 3/11 attacks. Hell, we already have people complaining over the fact that we're actually bothering to enforce our immigration laws a tad more stringently with regard to people we believe to be suspected terrorists. So you'll forgive all of my alarmism in this regard. Joe and other bloggers have pointed out, quite rightly I think, that media appears obsessed with the issue of detainee abuse. And while I think it's certainly true that elements of the press absolutely love going after the administration with this issue to "pay them back" for what they regard as having used them to sell the Iraq war, we aren't dealing with a Manichaean situation. The press may well be biased and the usual suspects may have their usual axes to grind against the administration, but that doesn't mean that we need to look at problems that are taking place and seek to correct them. A lot of this I think, and here is where I part ways with some quarters, is already going on (but needs to be expanded to include such issues as rendition) and has been since what happened at Abu Ghraib, though such is the nature of these same quarters that they aren't going to accept any solution that doesn't involve the indictment of a majority of the Bush cabinet on torture charges, just as they quite likely aren't going to accept any pre-war intelligence investigation that claims there wasn't any wrong-doing on the part of the administration. The fact that a lot of the people involved in the discussion are people with actions to grind doesn't remove the onus on us from doing everything we can to discuss these issues and rectify the problems that have occurred to the best our ability. Even more so for people like me who support the administration and its policies, because most of the people with axes to grind can honestly state at the end of the day that they didn't want Bush back in office to begin with. I did and still do (much to their consternation), so the onus is all the more on me to do what I can to make sure this stuff doesn't happen. This whole debate over detainee abuse also gives me a nice segue to touch briefly on another topic that Fred Pruitt takes the opportunity to lash out at here, namely that the general tone out of the administration of late has been nothing short of lackluster (roughly defined as from about April 2005 to the present, maybe they're taking a break?) as far as the direction US foreign policy is concerned. One of the my buddies in law enforcement shared a similar thought yesterday. We still have no Iran policy, for instance, and as wonderful as reforming Social Security might be, that was not what the majority of voters had in mind when they reelected the Bush administration. Or if it was, they certainly hoped that the administration could walk and chew bubblegum at the same time. I did. While I'm not quite as pessimistic as Fred is at this junction, I can certainly see how he came to that conclusion given that the major stories for the last week or so have been a missing teen in Aruba, Michael Jackson, and whether or not we should close Guantanamo Bay. I myself don't see any reason to close Gitmo, if for no other reason than all the cash that's been poured into the detention facility, but if that's what's needed to inject some iron back into everyone's blood then it's a small price to pay. Faster, please? Tracked: June 14, 2005 9:16 PM
THE GULLIBILITY OF GITMO-BASHERS from Michelle Malkin
Excerpt: Question: Who believes "M.C.?" According to an article in yesterday's New York Times, a young Guantanamo Bay detainee identified as “M.C.” claims he was “suspended from hooks in the ceiling for hours at a time with his feet barely missing...
Tracked: October 6, 2005 8:43 AM
Detainee abuse redux from THE BELGRAVIA DISPATCH
Excerpt: I see Tom Donnelly and Vance Serchuk (the latter of whom was an acquaintance and sometimes mentor of mine during my time as an intern at the American Enterprise Institute) have a good primer up in the Weekly Standard on...
Comments
You were doing OK, right up until the end there. I'm trying to see the connection between closing Gitmo and invigorating anything. Except perhaps al-Qaeda, who would (rightly) see it as another Madrid-style political victory and loss of nerve by their enemies. The price would not be a small one. Where we house these idiots is immaterial, at least to me, but the debate over it is taking all the oxygen out of far more important matters (two words: "Qu'ran Abuse," which we've been talking about for how many weeks now) whether it's the current situation in Iraq or the implications of Rafsanjani's return after he wins his pretend election. Maybe I'm wrong to focus on just the abuse/detainee issue, but it's clear (at least to me) that something has sucked a lot of energy out of the administration of late. Or at least that's just my impression here in DC.
#3 from lurker at 9:22 pm on Jun 14, 2005
Unless the prisoners are released, then closing gitmon will chnage nothing. The controversy will just follow them to the next facility. As far as the administration being lackluster... this is typical Bush strategy. The media is taking up all the rope that Bush is giving them. It remains to be seen who'll ultimately hang with it; but I wouldn't bet against Bush. His record is pretty good so far. Dan, as soon as we put them somewhere else, the same usual suspects would be making the same charges. This time about the USA's "Gulag Archipelago," no doubt. The charges will continue as long as any al-Qaeda terrorists are held anywhere, until they are accorded full Prisoner of War status with the right NOT to answer questions. At which point agitation for their release will begin because holding them "indefinitely" i.e. for the duration of the conflict is somehow wrong, though entirely legal and expected for POWs. Past precedent and real law re: illegal combatants, as oposed to the kind made up on the spot by NGOs and the Left, hasn't meant anything so far. Neither has restrictions on interrogation that are patently ridiculous and endanger national security. Or investigations and prosecution when abuses happen. Or release of those deemed not be a threat, several of whom have gone right back to terrorist activities. As you yourself point out. None have it has made even the slightest dent. Please explain to me why any of that will change. Closing Gitmo doesn't change anything. All it does is show that if they try harder next time, they can be even more successful. Like I said, it's immaterial to me where we house all these people, I just wanted to note that wherever we put them is not worth all the controversy that has been raised over the subject. We could always put the matter out of our hands altogether and dump them somewhere like Swaqa, but I doubt that'd be the ideal solution ... Gitmo should not be closed based on hyperventalation of the usual suspects. We have invested the time, energy and $$$, and as others have stated, the "Next Gitmo" will be called just that. All of this 'prisoner abuse' rhetoric may lead to two practices: more renditions (so we can wash our hands of the interrogation process); the indiscriminate killing of al Qaeda footsoldiers on the battlefields or during arrests (why arrest them when the detentions will only be used against us?). The first is questionable (though I have no moral problems with it), and the second is not, as killing ununiformed terrorists is not illegal. re: The Bush administration's 'lacklusterness'. I'm with lurker on this. We saw how our position in Iraq changed immediately changed after the Presidential election, and against after the Iraqi election. My guess is after the Iraqis hash out their Constitution, there will be a significant crackdown in Anbar. Iran is a different story, and I am not sure what really can be done there other than operations that cannot be 'advertised' (covert).
#7 from lurker at 9:49 pm on Jun 14, 2005
Here are my thoughts on the media and some on the left... By refusing to make any distinctions between legal combatants, illegal combatants, and simple criminals thus insisting on the same treatment for all of them, the media and many on the left are destroying their credibility. Democrats turn around and use all of this as free ammunition against Bush, and then are dismayed that they can't get much political traction. I think this is because folks just know that there is a difference between terrorists and common criminals. They just know. No amount of posturing can cover up that simple fact, no matter how many times it's on the front page. You can see it in the recent polls showing the military has higher trust than almost all other American insitutions and is much, much higher than the media's. It's amazing that the same media can report these results on the same page as their stories trashing the military and still not get it. The real tragedy is that who is going to believe their calls when there really is a wolf at the door?
#8 from PD Shaw at 9:55 pm on Jun 14, 2005
When the Supreme Court extended judicial oversight to Gitmo, I always thought the days of Gitmo numbered. Keep the detainees in Iraq or Afghanistan, and avoid the litigation. Afghanistan and Iraq are becoming more credible detention locations as well. What to do, Bill? Do what Sen. Biden advises re: talking to the American people about Iraq would be a fine start (From the Biden/Wheldon interview in Bill's Iraq post today). That would prepare the nation nicely for what's to come on the Iraqi Constitution front, which will feature a lot of wrangling etc. and probably be a near thing with several close calls (so was yours, if the history books are correct). Taking the offensive on the al-Qaeda prisoner issue and laying out what will happen to them now and why their treatment needs to be different, instead of waiting and being reactive, would have been another good idea. Putting forth a coherent Iran policy would have been nice, too. Or a Syria policy. Basically, take the initiative, damn it. It can be done, and doing so is an important part of shifting and framing the public debate. But you know, I get a daily email from the GOP that goes out to bloggers, and I only started seeing stuff about the war after I reminded them, sharply, that there was a larger world out there and their "inside beltway" fodder wasn't what interested the blogs. Anything war-related is still a low priority, even after all that. Dan and Fred's "lackluster" point is well taken, I think, and goes beyond President Bush.
#10 from kevin at 10:15 pm on Jun 14, 2005
At some point the Bush Administration needs to pull the rope in and remind people there is a war on and they have to do it themselves since our press seems not to realize this, the democratic leaders at best pay lip service or ignore it all together. Most people realize what abuse is and is not and we all know that what has happed in Gitmo and ABU Gharib are not abuse. Hell HS and College hazings can be tougher as has been pointed out. Until the democrats and the MSM actually pay attention to the world as it is and realize there are a group of Islamic nut jobs who wish us ill, hate all who espouse freedom they will continue to lose all credability they had. I have no hope for the MSM and only slightly more for the Dems. Joe and Bill: Nothing, and I mean absolutely is going to convince the usual suspects that the US isn't running a Gulag Archipelago. They already believe that, just like they believe that Gonzalez is Torquemeuda Reborn and that Karl Rove was responsible for that Bill Burkett is a crappy forger. These people aren't the object of whom we're trying to convince, however, but rather otherwise reasonable people who are genuinely disconcerted as to the incidents of prisoner abuse that have occurred under US auspices. Accepting that we are never going to get a perfect system and that there are always going to be incidents of prisoner abuse, I think we need to make certain that our interrogation tactics need to be as effective as possible, which is why I think we need to have interrogators participating in this debate rather than the likes of AI and Co. I agree with Joe regarding the law concerning detainees and illegal combatants. And I tried to make the point that Bill did with respect to the fact that Gitmo is perfectly good detention facility that we have put a lot of time and taxpayer money into maintaining. Bill makes a really good point on the impact of our own presidential election concerning events in Iraq, though I would point out that it is precisely because we waited so long to go after Fallujah even after Sadr was clearly defeated in September is one of the reasons why the Bad Guys had so much time to set up and stabilize their terrorist network in the Sunni Triangle that continues to vex us to this day. Thankfully, we appear a lot more willing to launch major operations (al-Qaim) now than we were between September and November 2004. As far as Iran is considered, our response need not be military. Lurker: Interesting you mention that, since that's just the debate they're having over at Liberals Against Terrorism. Once you get past Prak's venom against Cheney, you get the basic gist that they understand that terrorists can't receive the same constitutional protections as the average American but don't trust this administration to come up with a decent balance for the situation. At least one of "the children" being held at Gitmo, for instance, was the son of an al-Qaeda founder and involved in the killing of a US soldier. Joe: That's a pretty apt summation of the situation as well as some of own problems with what's going on. A lot of people in the GOP and the Democrats both want to get back to all the petty domestic squabbling that 9/11 so rudely interrupted. Definitely agreed on taking the need to seize the initiative and unfortunately the administration has only themselves to blame in this regard.
#13 from liberalhawk at 10:32 pm on Jun 14, 2005
dan excellent post. Im not sure i agree with everything 100% but this raises alot of good issues and lays them out in a way that is conducive to rational discussion. It gets away from some of the hysteria on both sides. Re: bills point about if you close Gitmo, then the bad publicity will simply shift to Bagram or Diego Garcia, or wherever you put them - im not sure I agree. Gitmo has been heavily publicized since December 2001. Even after having been heavily utilized, only the folks (on both sides) who are really knowledgeable are aware of Diego Garcia, Bagram, etc. The main complaint is that prisoners go into a black hole. Well good. I think the proposal to close Gitmo goes on these lines - you free some of the prisoners - not only the genuinely innocent, but the Taliban foot soldiers, who cant possibly have any more intell to give - if they take up arms agains, thats Kharzais problem. A few dozen, or even a couple of hundred footsoldiers (all fingerprinted, etc) shouldnt be a big threat now. And most would probably go home and keep quiet, as a lot of Taliban in Afghanistan have. The rest, the ones who are higher up, or still are useful for intell, you disperse through the Gul- er, system. Theres not many, theyre not all going to one place, and you dont advertize it so heavily. You make the releases the headline. Im not saying this is what we should do - im not sure yet - but i dont think Bills issue kills it. BTW, whats the law, domestic and inter, on "narco-interrogation" (I presume you mean truth serum/giggle juice) IMO, nothing would justify closing Gitmo except some kind of complete command failure there that made it impossible to control abuse. That doesn't exist, and nothing would be served except to "prove" to the other side that they were right all along. There are frankly some Democrats in congress who think they can score political points by nailing Gitmo (I'm not questioning Biden in particular, but there are some). It won't help the administration to give encouragement to these miscreants. Give them that and the next thing they'll demand is resignations and investigations, etc. So I'm all for letting them sit in the dark and rage in vain, as per usual. So I'm all for letting them sit in the dark and rage in vain, as per usual. Though for humanitarian reasons, I would allow them occasional visits from John McCain.
A cynic might say that's intentional...
Don't we still have soldiers in Afghanistan? I forget... By the way, releasing enemies who will take up arms against an ally isn't usually considered friendly.
#17 from Fred Muncie at 12:21 am on Jun 15, 2005
You might consider Guantanamo etc. to be black holes, but the real black holes are the places these young and violent fanatics come from in the first place. The real black hole is the place in their mind where rational thought should reside, but is instead full of hate filled religiosity and bigotry. Better the black hole where they can harm no one, than the black hole that inevitably leads to the mass death of innocents.
#18 from Jim Rockford at 1:11 am on Jun 15, 2005
The mainstream Democratic view of the war on terror and post-9/11 has changed to the point where it's all the US and GWB's fault. That we deserved to be attacked for offending Muslims. Feinstein and Biden both hold this view to varying degrees. Kevin Drum's site has regular postings on how the Twin Towers were part of some controlled demolition, and that the solution to the problem is release all the prisoners, get out of Iraq, send Bush and the Administration to Hague for War Crimes and apologize to bin Laden. Dems are no more serious about defending this country than a Saudi prince. Giving in to them on ANYTHING is useless and self-defeating. It's analogous to giving into the German-American Bund during WWII. Bush understands that the Media is so hostile that ANY RESPONSE will be twisted or ignored, so they simply cut them out. It's like shouting into the partisan wind coming from James Carville. The Media is indistinguishable from Howard Dean. The rest, the ones who are higher up, or still are useful for intell, you disperse through the Gul- er, system. Thanks for that, liberhawk, at least its clear where you stand on this issue. I didn't realize you were in the 'Gulag' crowd. Please explain to use how exactly Gitmo is a gulag based on everything you know. Please, enlighten us. Share your understanding of the Soviet Gulags, and then compare and contrast to Gitmo. And your referral to our detention facilities as a Gulag clearly shows you would accept the next Gitmo as the next island in the archiapeligo. Bill, liberalhawk may not have meant that in the way you think. I read his tone differently, at any rate, more an an ironic comment on the critics than a swipe at the idea of detention systems for illegal combatants, which he seems to have few issues with. Give him a chance to clarify. Joe, I have to agree that the administration sorely lacks in explaining its activities to the public. My father is infuriated by this, and I have to say at times I agree. They must do a better job at laying out the process in Iraq, and articulate strategeries against Syria and Iran. But the way this administration has been treated by the press, I can understand (though do not agree with) their silence. My father says they need to bypass the media to get the word out to the American public, but this is limited in effectiveness. I wish I knew the answer. Then my apologies to liberalhawk beforehand if I was wrong.
#23 from lurker at 4:27 am on Jun 15, 2005
I agree that Bush could do much better in this area. A.L. has been harping on it since the beginning. The thing his he doesn't have too. As long as the Democrats are completely inept WRT national defense, there's no advantage for him to put more of a message out there and many reasons not to. Everything he says provides his adversaries an opportunity to hold him accountable for it. The less he says the less the Democrats have to use against him. In the meantime, the Democrats spew out all kinds of crap that eventually comes back on them without Bush having to do anything. I don't really like it, but that's the state of the national debate. And it's not all Bush's fault, given the lack of a serious opposition. Bush's and Rove's approach to this is, on reflection, nothing short of genius. Call it the rope-a-dope of politics if you want. It worked for Ali in his day. LH: Thanks for the praise and I agree that dispersing them is one possible option, though certainly can't imagine anyone in Congress being willing to house terrorists among their constituents. Given what Abdullah Mehsud was able to accomplish upon being released, I don't even want to think of what might happen in the event of a "jailbreak." As for the senior al-Qaeda leadership, most of them are being housed at Diego Garcia rather than Gitmo due to the need to keep them completely isolated from the rest of the world. What you have at Gitmo is essentially a mixture of foot soldiers, financiers and other mid-level figures, but they still have plenty of potential to stir up trouble, as can be seen from what happened with Mehsud. Of the 160+ that were actually released, about 7% returned to combat that we know of. These were the ones deemed not a great risk, so I would hate to see what would happen if the more threatening characters were let go. The fact is these detainees were caught while in combat with American forces out of uniform, and can and should be detained until we deem it is safe for them to be released. Bill — People aren't "terrorist" or not the same way that they're Rh+ or not. It's entirely to be expected that some detainees will become terrorists while imprisoned, either due to the influence of other inmates, or in reaction to their treatment at the hand of the US military. Out of curiosity, under what conditions would you consider it "safe" to release the prisoners?
#27 from Raymond at 8:54 am on Jun 15, 2005
Breathtaking ... what are you doing in PolPots old killing fields, helping to repolish the evil leftism that created them ? Ohh thats right .. in leftist states .. the innocents in the society are on the inside of the prison and the butchers are the prison gaurds.
#28 from liberalhawk at 4:03 pm on Jun 15, 2005
"liberalhawk may not have meant that in the way you think. I read his tone differently, at any rate, more an an ironic comment on the critics than a swipe at the idea of detention systems for illegal combatants, which he seems to have few issues with. Give him a chance to clarify" You are correct, essentially. For a group like amnesty international, which we count on to give us serious reports on human rights, to make the analogy to the Soviet Gulag was of course wrong. Millions of folks living in slavery, etc. Ive read the first volume of Gulag archipelago, A day in the life of Ivan denisovitch, First circle, and cancer ward. I well understand the difference. On the other hand the notion (which I was proposing, BTW) of shifting prisoners around a large, dispersed network of prisoners is JUST redolent enough of the Gulag to justify a slightly ironic reference. If someone wants to object that to treat say, Auschwitz as lightly, would have been out of bounds, and that it was therefore improper to do so wrt the Gulag, I apologize. Im used to posting in places where there is rather more humor and irony.
#29 from liberalhawk at 4:06 pm on Jun 15, 2005
"if they take up arms agains, thats Kharzais problem. Don't we still have soldiers in Afghanistan? I forget..." Of course we do, but I doubt that a max of a couple of hundred more foot soldiers, all IDed and fingerprinted, is a huge threat to them. If its a serious threat at all, its to Kharzai. "By the way, releasing enemies who will take up arms against an ally isn't usually considered friendly. " Fine. Dont release them then. Rend them over to Kharzai, and let HIM hold them.
#30 from JRA at 9:02 pm on Jun 15, 2005
Even if the released prisoners don't go back to fighting for the Taliban or al Qaeda, a lot of them are still violent misogynists who think violent misogyny is worth fighting to defend. There's something to be said for sensitivity-training the hell out of them and not letting them go until it's quite certain they're not going to return to brutalizing any women they mildly disapprove of. Be interesting to see how the press would react to that, too.
#31 from Robert M at 5:47 pm on Jun 16, 2005
This genesis for this post occured to me when I reread this poem Memorial Day. It was not posted because the subject matter was not about our military and their responsibiliities. It is about ours and our elected officials. In Flanders Fields In Flanders Fields the poppies blow We are the Dead. short days ago Take up our quarrel with the foe: I italicized two words to ask what our elected officials responsibilities are here at this juncture in the GWOT. I have heard nothing, not even in the speeches given to the military graduates of our academies nor elsewhere that is to remeind and continue to rally our nation around the torch. I am not expecting June 4 1940 "We shall fight them on the beaches" nor this from Jan 1933, "This great Nation will endure as it has endured, will revive and will prosper. So, first of all, let me assert my firm belief that the only thing we have to fear is fear itselfnameless, unreasoning, unjustified terror which paralyzes needed efforts to convert retreat into advance." I fear that the war has become to distant in the telling of its purpose and why we have entered into it. I sense that the torch is falling because no one in government is explaining why we are there and will continue to be there. I sense those that intiated it have lost faith in there not explaining the GWOT as an ongoing event in our lives. At this blog much effort is made to show how progress is being made in the GWOT. Bill Roggio constantly points out the correct why to analyse the ground war phase, others talk of the rebuilding of the Iraqi and Afghan economies and Dan who the terrorists are. But the President has not given a speech to the American public to remind them of what is at stake.
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