[News] Do We Already Have Our Pentagon Papers?
Anti-Imperialist News
news at freedomarchives.org
Fri Oct 19 11:21:32 EDT 2007
Tom Dispatch
http://www.tomdispatch.com/post/174851/do_we_already_have_our_pentagon_papers_
posted 2007-10-19 10:51:43
Tomgram: Do We Already Have Our Pentagon Papers?
Bush's Pentagon Papers
The Urge to Confess
By Tom Engelhardt
They can't help themselves. They want to confess.
How else to explain the torture memorandums that
continue to flow out of the inner sancta of this
administration, the most recent of which were
evidently
<http://www.nytimes.com/2007/10/04/washington/04interrogate.html?pagewanted=print>leaked
to the New York Times. Those two, from the
Alberto Gonzales Justice Department, were written
in 2005 and recommitted the administration to the
torture techniques it had been pushing for years.
As the Times noted, the first of those
memorandums, from February of that year, was "an
expansive endorsement of the harshest
interrogation techniques ever used by the Central
Intelligence Agency." The second "secret opinion"
was issued as Congress moved to outlaw "cruel,
inhuman, and degrading" treatment (not that such
acts weren't already against U.S. and
international law). It brazenly "declared that
none of the C.I.A. interrogation methods violated
that standard"; and, the Times assured us, "the
2005 Justice Department opinions remain in
effect, and their legal conclusions have been
confirmed by several more recent memorandums."
All of these memorandums, in turn, were written
years after
<http://www.tomdispatch.com/post/32668/david_cole_on_john_yoo_and_the_imperial_presidency>John
Yoo's infamous
<http://www.tomdispatch.com/post/1494/george_orwell_meet_franz_kafka>"torture
memo" of August 2002 and a host of other grim
documents on detention, torture, and
interrogation had already been leaked to the
public, along with graphic FBI emailed
observations of torture and abuse at Guantanamo,
those "screen savers" from Abu Ghraib, and so
much other incriminating evidence. In other
words, in early 2005 when that endorsement of
"the harshest interrogation techniques" was being
written, its authors could hardly have avoided
knowing that it, too, would someday become part of the public record.
But, it seems, they couldn't help themselves.
Torture, along with repetitious, pretzled "legal"
justifications for doing so, were bones that
administration officials -- from the President,
Vice President, and
<http://www.tomdispatch.com/post/2116/greenberg_and_dratel_37_questions_for_donald_rumsfeld>Secretary
of Defense on down -- just couldn't resist
gnawing on again and again. So, what we're
dealing with is an obsession, a fantasy of
empowerment, utterly irrational in its intensity,
that's gripped this administration. None of the
<http://www.washingtonpost.com/wp-dyn/content/blog/2007/10/09/BL2007100900988_pf.html>predictable
we're shocked! we're shocked! editorial responses
to the Times latest revelations begin to account for this.
Torture as the Royal Road to Commander-in-Chief Power
So let's back up a moment and consider the nature
of the torture controversy in these last years.
In a sense, the Bush administration has
confronted a strange policy conundrum. Its
compulsive urge to possess the power to detain
without oversight and to wield torture as a tool
of interrogation has led it, however
unexpectedly, into what can only be called a
confessional stance. The result has been what it
feared most: the creation of an exhausting, if
not exhaustive, public record of the criminal
inner thinking of the most secretive administration in our history.
Let's recall that, in the wake of the attacks of
September 11, 2001, the administration's top
officials had an overpowering urge to
<http://www.tomdispatch.com/post/63903/tomdispatch_interview_mark_danner_on_bush_s_state_of_exception>"take
the gloves off" (instructions sent from Secretary
of Defense Rumsfeld's office
<http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2004/06/09/MNGUG737901.DTL>directly
to the Afghan battlefield), to "unshackle" the
CIA. They were in a rush to release a
commander-in-chief "unitary executive,"
untrammeled by the restrictions they associated
with the fall of President Richard Nixon and with
the Watergate era. They wanted to abrogate the
Geneva Conventions (parts of which Alberto
Gonzales, then White House Council and
companion-in-arms to the President, declared
<http://www.iht.com/articles/2005/01/06/news/gonzales.php>"quaint"
and "obsolete" in 2002). They were eager to
develop their own categories of imprisonment that
freed them from all legal constraints, as well as
their own secret, offshore prison system in which
their power would be total. All of this went to
the heart of their sense of entitlement, their
belief that such powers were their political
birthright. The last thing they wanted to do was
have this all happen in secret and with full deniability. Thus, Guantanamo.
That prison complex was to be the public face of
their right to do anything. Perched on an
American base in Cuba just beyond the reach of
The Law -- American-leased but not court-overseen
soil -- the new prison was to be the proud symbol
of their expansive power. It was also to be the
public face of a new, secret regime of punishment
that would quickly spread around the world --
into the torture chambers of despotic regimes in
places like Egypt and Syria, onto American bases
like the island fastness of Diego Garcia in the
Indian Ocean, onto U.S. Navy and other ships
floating in who knew which waters, into the
<http://www.washingtonpost.com/wp-dyn/content/article/2005/11/01/AR2005110101644_pf.html>former
prisons of the old Soviet Empire, and into a
growing network of American detention centers in
<http://www.guardian.co.uk/afghanistan/story/0,1284,1440836,00.html>Afghanistan
and Iraq.
So, when those first shots of prisoners,
<http://en.wikipedia.org/wiki/Image:Camp_x-ray_detainees.jpg>in
orange jumpsuits, manacled and blindfolded,
entering Guantanamo were released, no one
officially howled (though the grim, leaked
<http://www.thememoryhole.org/mil/gitmo-prisoners01.jpg>shots
of those prisoners
<http://www.thememoryhole.org/mil/gitmo-prisoners03.jpg>being
transported to Guantanamo were another matter).
After all, they wanted the world to know just how
powerful this administration was -- powerful
enough to redefine the terms of detention,
imprisonment, and interrogation to the point of
committing acts that traditionally were abhorred
and ruled illegal by humanity and by U.S. law
(even if sometimes committed anyway).
Though certain administration officials
undoubtedly believed that "harsh interrogation
techniques" would produce reliable information,
this can't account for the absolute fascination
with torture that gripped them, as well as
assorted pundits and talking heads (and then,
through
<http://www.newyorker.com/reporting/2007/02/19/070219fa_fact_mayer>"24"
and other TV shows and movies, Americans in
general). In search of a world where they could
do anything, they reached instinctively for
torture as a symbol. After all, was there any
more striking way to remove those "gloves" or
"unshackle" a presidency? If you could stake a
claim the right to torture, then you could stake
a claim to do just about anything.
Think of it this way: If Freud believed that
dreams were the royal road to the individual
unconscious, then the top officials of the Bush
administration believed torture to be the royal
road to their ultimate dream of unconstrained
power, what John Yoo in his "torture memo"
referred to as "the Commander-in-Chief Power."
It was via Guantanamo that they meant to announce
the arrival of this power on planet Earth. They
were proud of it. And that prison complex was to
function as their bragging rights. Their message
was clear enough: In this world of ours,
democracy would indeed run rampant and a vote of
one would, in every case, be considered a majority.
The Crimes Are in the Definitions
This, then, was one form of confession -- a much
desired one. George W. Bush, Dick Cheney, Donald
Rumsfeld, and their subordinates (with few
exceptions) wished to affirm their position as
directors of the planet's "sole superpower,"
intent as they were on creating a Pentagon-led
Pax Americana abroad and a Rovian Pax Republicana
at home. But there was another, seldom noted form of confession at work.
As if to fit their expansive sense of their own
potential powers, it seems that these officials,
and the corps of lawyers that accompanied them,
had expansive, gnawing fears. Given this cast of
characters, you can't talk about a collective
"guilty conscience," but there was certainly an
ongoing awareness that what they were doing
contravened normal American and global standards
of legality; that their acts, when it came to
detention and torture, might be judged illegal;
and that those who committed -- or ordered --
such acts might someday, somehow, actually be
brought before a court of law to account for
them. These fears, by the way, were usually
pinned
<http://www.nytimes.com/2005/11/09/politics/09detain.html?_r=1&pagewanted=print&oref=slogin>on
low-level operatives and interrogators, who were
indeed fearful of the obvious: that they had no
legal leg to stand on when it came to kidnapping
terror suspects, disappearing them, and
subjecting them to a remarkably wide range of
acts of torture and abuse, often in deadly
combination over long periods of time.
Perhaps Bush's men (and women) feared that even a
triumphantly successful commander-in-chief
presidency might -- à la the Pinochet regime in
Chile -- have its limits in time. Perhaps they
simply sensed an essential contradiction that lay
at the very heart of their position: The urge to
take pride in their "accomplishments," to assert
their powers, and to claim bragging rights for
redefining what was legal could also be seen as
the urge to confess (if matters took a wrong turn
as, in the case of the Bush administration, they
always have). And so, along with the pride, along
with the kidnappings, the new-style imprisonment,
the acts of torture (and, in some cases,
<http://www.washingtonpost.com/wp-dyn/articles/A2576-2005Mar2.html>murder),
the pretzled documents began to pour out of the
administration -- each a tortured extremity of
bizarre legalisms (as with Yoo's August 2002
document, which essentially managed to reposition
torture as something that existed mainly in the
mind of, and could only be defined by, the
torturer himself); each was but another example
of legalisms following upon and directed by
desire. (Yoo himself was
<http://www.nytimes.com/2007/10/04/washington/04interrogate.html?pagewanted=print>reportedly
known by Attorney General John Ashcroft as Dr.
Yes, "for his seeming eagerness to give the White
House whatever legal justifications it desired.")
Each, in the end, might also be read as a confession of wrongdoing.
What made all this so strange was not just the
"tortured" nature of the "torture memo" (just
rejected by
<http://ap.google.com/article/ALeqM5itqpsn8q2bItcG5FTQUu_UOXU0HgD8SB2AJ81>the
new attorney general nominee as "worse than a
sin, it was a mistake"), but the repetitious
nature of these dismantling documents which, with
the help of an army of leakers inside the
government, have been making their way into
public view for years. Or how about the strange
situation of an American president, who has, in
so many backhanded ways, admitted to being deeply
involved in the issues of detainment and torture
-- as, for instance, in a February 7, 2002
memorandum to his top officials in which he
signed off on his power to "suspend [the] Geneva
[Conventions] as between the United States and
Afghanistan" (which he then declined to do "at
this time") and his right to wipe out the
Convention on the Treatment of Prisoners of War
when it came to al-Qaeda and the Taliban. That
document began with the following: "Our recent
extensive discussions regarding the status of al
Qaeda and Taliban detainees confirm
"
"Our recent extensive discussions
" You won't
find that often in previous presidential
documents about the abrogation of international
and domestic law. It wasn't, of course, that the
U.S. had never imprisoned anyone abroad and
certainly not that the U.S. had never used
torture abroad. Water-boarding, for instance, was
first employed by U.S. soldiers in the Philippine
Insurrection at the dawn of the previous century;
torture was widely used and taught by CIA and
other American operatives
<http://www.latimes.com/news/nationworld/nation/la-na-vietnam20aug20,0,1765272,full.story>in
Vietnam in the 1960s and 1970s, as well as
<http://www.tomdispatch.com/post/1795/alfred_mccoy_on_the_cia_s_road_to_abu_ghraib>in
Latin America in the 1970s and 1980s, and
elsewhere. But American presidents didn't then
see the bragging rights in such acts, any more
than a previous American president would have
sent his vice president to Capitol Hill to
<http://www.washingtonpost.com/wp-dyn/content/article/2005/11/06/AR2005110601281.html>lobby
openly for torture (however labeled). Past
presidents held on to the considerable benefits
of deniability (and perhaps the psychological
benefits of not knowing too much themselves).
They didn't regularly and repeatedly commit to
paper their "extensive discussions" on distasteful and illegal subjects.
Nor did they get up in public, against all news,
all reason (but based on the fantastic
redefinitions of torture created to fulfill a
presidential desire to use "harsh interrogation
techniques") to deny repeatedly that their
administrations ever tortured. Here is an
<http://www.whitehouse.gov/news/releases/2007/10/20071017.html>exchange
on the subject from Bush's most recent press conference:
"Q What's your definition of the word torture'?
"THE PRESIDENT: Of what?
"Q The word torture.' What's your definition?
"THE PRESIDENT: That's defined in U.S. law, and we don't torture.
"Q Can you give me your version of it, sir?
"THE PRESIDENT: Whatever the law says."
After a while, this, too, becomes a form of
confession - that, among other things, the
President has never rejected John Yoo's
definition of torture in that 2002 memorandum.
Combine that with the admission of "extensive
discussions" on detention matters and, minimally,
you have a President, who has proven himself
deeply engaged in such subjects. A President who
makes such no-torture claims repeatedly cannot
also claim to be in the dark on the subject. In
other words, you're already moving from the
<http://www.slate.com/id/1000162/>Clintonesque
parsing of definitions ("It depends on what the
meaning of the word 'is'") into unfathomable
realms of presidential definitional darkness.
On the Record
Of course, plumbing the psychology of a single
individual while in office -- of a President or a
Vice President -- is a nearly impossible task.
Plumbing the psychology of an administration? Who
can do it? And yet, sometimes officials may
essentially do it for you. They may leave
bureaucratic clues everywhere and then, as if
seized by an impulsion, return again and again to
what can only be termed the scene of the crime.
Documents they just couldn't not write. Acts they
just couldn't not take. Think of these as the
Freudian slips of officials under pressure. Think
of them as small, repeated confessions granted
under the interrogation of reality and history,
under the fearful pressure of the future, and
granted in the best way possible: willingly,
without opposition, and not under torture.
Sometimes, it's just a matter of refocusing to
see the documents, the statements, the acts for
what they are. Such is the case with the torture
memos that continue to emerge. Never has an
administration -- and hardly has a torturing
regime anywhere -- had so many of its secret
documents aired while it was still in the act.
Seldom has a ruling group made such an open case for its own crimes.
We're talking, of course, about the most
secretive administration in American history --
so secretive, in fact, that Congressional
representatives considering classified portions
of an intelligence bill, have to go to "a secret,
secure room in the Capitol, turn in their
Blackberrys and cellphones, and read the document
without help from any staff members." Such
briefings are given to Congressional
representatives, but under
<http://www.boston.com/news/nation/washington/articles/2006/08/06/classified_intelligence_bills_often_are_unread?mode=PF>ground
rules in which "participants are prohibited from
future discussions of the information -- even if
it is subsequently revealed in the media
" So
representatives who are briefed are also
effectively prohibited from discussing what they have learned in Congress.
And yet, none of this mattered when it came to
the administration establishing its own record of
illegality -- and exhibiting its own outsized
fears of future prosecution. Let's just take one
labor intensive -- and exceedingly strange, if
now largely forgotten -- example of these fears
in action. In 2002, a new tribunal,
<http://en.wikipedia.org/wiki/International_criminal_court>the
International Criminal Court (ICC), was
established in the Hague to prosecute individuals
for genocide, crimes against humanity, and war
crimes. "[T]hen-Undersecretary of State
<http://www.washingtonpost.com/wp-dyn/content/article/2006/11/06/AR2006110601269_pf.html>John
R. Bolton nullified the U.S. signature on the
International Criminal Court treaty one month
into President Bush's first term" and Congress
subsequently
<http://www.nytimes.com/2006/07/23/world/africa/23terror.html?_r=2&oref=slogin&pagewanted=print>passed
the American Servicemembers' Protection Act which
prohibited "certain types of military aid to
countries that have signed on to the
International Criminal Court but have not signed
a separate accord with the United States, called
an Article 98 agreement." The Bush
administration, opposed to international "fora"
of all sorts, then proceeded to go individually,
repeatedly, and over years, to more than 100
countries, demanding that the representatives of
each sign such an agreement "not to surrender
American citizens to the international court
without the consent of officials in Washington."
In other words, they put the sort of effort that
might normally have gone into establishing an
international agreement into threatening weak
countries with the loss of U.S. aid in order to
give themselves -- and of course those
lower-level soldiers and operatives on whom so
much is blamed -- a free pass for crimes yet to
be committed (but which they obviously felt they
would commit). We're talking here about small,
impoverished lands like
<http://www.voanews.com/Khmer/archive/2005-05/2005-05-30-voa3.cfm>Cambodia,
still attempting to bring its own war criminals of the Pol Pot era to justice.
In the process of
<http://newsvote.bbc.co.uk/mpapps/pagetools/print/news.bbc.co.uk/2/hi/americas/3035296.stm>twisting
arms, the administration suspended over $47
million in military aid "to 35 countries that
ha[d] not signed deals to grant American soldiers
immunity from prosecution for war crimes." In
this attempt to get every country on the planet
aboard the American no-war-crimes-prosecution
train before it left the station, you can sense
once again the administration's obsessional
intensity on this subject (especially since
experts agreed that the realistic possibility of
the ICC bringing Americans up on war crimes was essentially nil).
The Bush administration regularly reached for its
dictionaries to redefine reality, even before it
reached for its guns. It not only wrote its own
rules and its own "law," but when problems
nonetheless emerged from its secret world of
detention and pain and wouldn't go away -- at Abu
Ghraib, Guantanamo, and elsewhere -- it proceeded
to investigate itself with the expectable
results. For Bush's officials, this should have
seemed like a perfect way to maintain a no-fault
system that would never reach up any chain of
command. Indeed, as Mark Danner has commented,
such practices plunged us into an age of "frozen
scandals" in which, as with the latest torture
memos, the shocked-shocked effect repeats itself
but nothing follows. As he
<http://www.tomdispatch.com/post/174791/mark_danner_the_age_of_rhetoric>has
written: "One of the most painful principles of
our age is that scandals are doomed to be
revealed -- and to remain stinking there before
us, unexcised, unpunished, unfinished."
How true. And yet, looked at another way, the
administration -- with outsized help from
outraged government officials who knew crimes
when they saw them and were willing to take
chances to reveal them -- has already created a
remarkable record of its own criminal activity,
which can now be purchased in any bookstore in the land.
Back in the early fall of 2004, when the first
collection of such documents arrived in the
bookstores, Mark Danner's
<http://www.amazon.com/dp/1590171527/?tag=nationbooks08-20>Torture
and Truth, America, Abu Ghraib, and the War on
Terror, it was already more than 600 pages long.
In early 2005, when Karen J. Greenberg, executive
director of the Center on Law and Security at the
NYU School of Law, and Josh Dratel, the civilian
defense attorney for Guantanamo detainee David
Hicks, released their monumental
<http://www.amazon.com/dp/0521853249/?tag=nationbooks08-20>The
Torture Papers, The Road to Abu Ghraib, another
collection of secret memoranda, official
investigations of Abu Ghraib, and the like, it
was already an oversized book of more than 1,200
pages -- a doorstopper large enough to keep a
massive prison gate open. And, of course, even it
couldn't hold all the documents. A later
Greenberg book,
<http://www.amazon.com/dp/0521674611/ref=nosim/?tag=nationbooks08-20>The
Torture Debate in America, for instance, has
military documents not included in the first volume.
Then, there were the two-years worth of FBI memos
and emails about Guantanamo that the ACLU pried
loose from the government and
<http://www.aclu.org/torturefoia/released/052505/>released
on line, also in 2005. This material was damning
indeed, including direct reports from FBI agents
witnessing -- and protesting as well as pointing
fingers at -- military interrogators at the
prison, as in an
<http://www.washingtonpost.com/ac2/wp-dyn/A25962-2004Dec25?language=printer>August
2, 2004 report that said: "On a couple of
occasions, I entered interview rooms to find a
detainee chained hand and foot in a fetal
position to the floor, with no chair, food or
water
Most times they had urinated or defecated
on themselves, and had been left there for 18, 24
hours or more." Or a
<http://www.washingtonpost.com/wp-dyn/articles/A14936-2004Dec20.html>Jan.
21, 2004 email in which an FBI agent complained
that the technique of a military interrogator
impersonating an FBI agent "and all of those used
in these scenarios, was approved by the
DepSecDef," a reference to Deputy Secretary of Defense Paul D. Wolfowitz.
Other paperback volumes have also been published
that include selections from these and other
documents like
<http://www.amazon.com/dp/1560258039/?tag=nationbooks08-20>Crimes
of War: Iraq by Richard Falk, Irene Gendzier, and
Robert Jay Lifton and
<http://www.amazon.com/dp/0805079696/?tag=nationbooks08-20>In
the Name of Democracy: American War Crimes in
Iraq and Beyond by Jeremy Brecher, Jill Cutler,
and Brendan Smith. If all of these documents,
including the latest ones evidently in the hands
of the New York Times, were collected, you would
have a little library of volumes -- all
functionally confessional -- for a future
prosecutor. (And there are undoubtedly scads more
documents where these came from, including
perhaps a John Yoo "torture memo," rumored to
exist, that preceded the August 2002 one.)
What an archive, then, is already available in
our world. It's as if, to offer a Vietnam
comparison, the contents of The Pentagon Papers
had simply slipped out into the light of day, one
by one, without a Daniel Ellsberg in sight,
without anyone quite realizing it had happened.
The urge of any criminal regime -- to ditch,
burn, or destroy incriminating documents, or
<http://www.washingtonpost.com/wp-dyn/content/article/2007/04/13/AR2007041302043.html>erase
emails -- has, in a sense, already been obviated.
So much of the Bush/Cheney "record" is on the
record. As Karen J. Greenberg
<http://www.tomdispatch.com/post/146171/greenberg_in_a_confessing_state_of_mind>wrote,
back in December 2006, "What more could a
prosecutor want than a trail of implicit
confessions, consistent with one another,
increasingly brazen over time, and leading right into the Oval Office?"
Looking back on these last years, it turns out
that the President, Vice President, their aides,
and the other top officials of this
administration were always in the confessional booth. There's no exit now.
Tom Engelhardt, who runs the Nation Institute's
Tomdispatch.com, is the co-founder of
<http://www.americanempireproject.com/>the
American Empire Project. His book,
<http://www.amazon.com/dp/155849586X/ref=nosim/?tag=nationbooks08-20>The
End of Victory Culture (University of
Massachusetts Press), has just been thoroughly
updated in a newly issued edition that deals with
victory culture's crash-and-burn sequel in Iraq.
Copyright 2007 Tom Engelhardt
Freedom Archives
522 Valencia Street
San Francisco, CA 94110
415 863-9977
www.Freedomarchives.org
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