THE GRAY ZONE, by SEYMOUR M. HERSH: "The roots of the Abu Ghraib prison scandal lie not in the criminal inclinations of a few Army reservists but in a decision, approved last year by Secretary of Defense Donald Rumsfeld, to expand a highly secret operation, which had been focussed on the hunt for Al Qaeda, to the interrogation of prisoners in Iraq. Rumsfeld's decision embittered the American intelligence community, damaged the effectiveness of elite combat units, and hurt America's prospects in the war on terror.
... The solution, endorsed by Rumsfeld and carried out by Stephen Cambone, was to get tough with those Iraqis in the Army prison system who were suspected of being insurgents. A key player was Major General Geoffrey Miller, the commander of the detention and interrogation center at Guantánamo, who had been summoned to Baghdad in late August to review prison interrogation procedures. The internal Army report on the abuse charges, written by Major General Antonio Taguba in February, revealed that Miller urged that the commanders in Baghdad change policy and place military intelligence in charge of the prison. The report quoted Miller as recommending that “detention operations must act as an enabler for interrogation.”
... Cambone then made another crucial decision, the former intelligence official told me: not only would he bring the sap’s rules into the prisons; he would bring some of the Army military-intelligence officers working inside the Iraqi prisons under the sap’s auspices. “So here are fundamentally good soldiers—military-intelligence guys—being told that no rules apply,” the former official, who has extensive knowledge of the special-access programs, added. “And, as far as they’re concerned, this is a covert operation, and it’s to be kept within Defense Department channels.”
... By fall, according to the former intelligence official, the senior leadership of the C.I.A. had had enough. “They said, ‘No way. We signed up for the core program in Afghanistan—pre-approved for operations against high-value terrorist targets—and now you want to use it for cabdrivers, brothers-in-law, and people pulled off the streets’”—the sort of prisoners who populate the Iraqi jails. “The C.I.A.’s legal people objected,” and the agency ended its sap involvement in Abu Ghraib, the former official said.
... In a separate interview, a Pentagon consultant, who spent much of his career directly involved with special-access programs, spread the blame. “The White House subcontracted this to the Pentagon, and the Pentagon subcontracted it to Cambone,” he said. “This is Cambone’s deal, but Rumsfeld and Myers approved the program.” When it came to the interrogation operation at Abu Ghraib, he said, Rumsfeld left the details to Cambone. Rumsfeld may not be personally culpable, the consultant added, “but he’s responsible for the checks and balances. The issue is that, since 9/11, we’ve changed the rules on how we deal with terrorism, and created conditions where the ends justify the means.”
... “This shit has been brewing for months,” the Pentagon consultant who has dealt with saps told me. “You don’t keep prisoners naked in their cell and then let them get bitten by dogs. This is sick.” The consultant explained that he and his colleagues, all of whom had served for years on active duty in the military, had been appalled by the misuse of Army guard dogs inside Abu Ghraib. “We don’t raise kids to do things like that. When you go after Mullah Omar, that’s one thing. But when you give the authority to kids who don’t know the rules, that’s another.”
... In 2003, Rumsfeld’s apparent disregard for the requirements of the Geneva Conventions while carrying out the war on terror had led a group of senior military legal officers from the Judge Advocate General’s (jag) Corps to pay two surprise visits within five months to Scott Horton, who was then chairman of the New York City Bar Association’s Committee on International Human Rights. “They wanted us to challenge the Bush Administration about its standards for detentions and interrogation,” Horton told me. “They were urging us to get involved and speak in a very loud voice. It came pretty much out of the blue. The message was that conditions are ripe for abuse, and it’s going to occur.” The military officials were most alarmed about the growing use of civilian contractors in the interrogation process, Horton recalled. “They said there was an atmosphere of legal ambiguity being created as a result of a policy decision at the highest levels in the Pentagon. The jag officers were being cut out of the policy formulation process.” They told him that, with the war on terror, a fifty-year history of exemplary application of the Geneva Conventions had come to an end.
... The Pentagon consultant made a similar point. Cambone and his superiors, the consultant said, “created the conditions that allowed transgressions to take place. And now we’re going to end up with another Church Commission”—the 1975 Senate committee on intelligence, headed by Senator Frank Church, of Idaho, which investigated C.I.A. abuses during the previous two decades. Abu Ghraib had sent the message that the Pentagon leadership was unable to handle its discretionary power. “When the shit hits the fan, as it did on 9/11, how do you push the pedal?” the consultant asked. “You do it selectively and with intelligence.”
... “In an odd way,” Kenneth Roth, the executive director of Human Rights Watch, said, “the sexual abuses at Abu Ghraib have become a diversion for the prisoner abuse and the violation of the Geneva Conventions that is authorized.” Since September 11th, Roth added, the military has systematically used third-degree techniques around the world on detainees. “Some jags hate this and are horrified that the tolerance of mistreatment will come back and haunt us in the next war,” Roth told me. “We’re giving the world a ready-made excuse to ignore the Geneva Conventions. Rumsfeld has lowered the bar.”"
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