Seymour Hersh: The Gray Zone
newyorker.com
Amazing. I think Hersh just won another Pulitzer with his coverage of this scandal and it's origins. It is too long to post the whole thing, but should be read. Below is the concluding section:
The abuses at Abu Ghraib were exposed on January 13th, when Joseph Darby, a young military policeman assigned to Abu Ghraib, reported the wrongdoing to the Army’s Criminal Investigations Division. He also turned over a CD full of photographs. Within three days, a report made its way to Donald Rumsfeld, who informed President Bush.
The inquiry presented a dilemma for the Pentagon. The C.I.D. had to be allowed to continue, the former intelligence official said. “You can’t cover it up. You have to prosecute these guys for being off the reservation. But how do you prosecute them when they were covered by the special-access program? So you hope that maybe it’ll go away.” The Pentagon’s attitude last January, he said, was “Somebody got caught with some photos. What’s the big deal? Take care of it.” Rumsfeld’s explanation to the White House, the official added, was reassuring: “‘We’ve got a glitch in the program. We’ll prosecute it.’ The cover story was that some kids got out of control.”
In their testimony before Congress last week, Rumsfeld and Cambone struggled to convince the legislators that Miller’s visit to Baghdad in late August had nothing to do with the subsequent abuse. Cambone sought to assure the Senate Armed Services Committee that the interplay between Miller and Lieutenant General Ricardo Sanchez, the top U.S. commander in Iraq, had only a casual connection to his office. Miller’s recommendations, Cambone said, were made to Sanchez. His own role, he said, was mainly to insure that the “flow of intelligence back to the commands” was “efficient and effective.” He added that Miller’s goal was “to provide a safe, secure and humane environment that supports the expeditious collection of intelligence.”
It was a hard sell. Senator Hillary Clinton, Democrat of New York, posed the essential question facing the senators:
If, indeed, General Miller was sent from Guantánamo to Iraq for the purpose of acquiring more actionable intelligence from detainees, then it is fair to conclude that the actions that are at point here in your report [on abuses at Abu Ghraib] are in some way connected to General Miller’s arrival and his specific orders, however they were interpreted, by those MPs and the military intelligence that were involved.. . .Therefore, I for one don’t believe I yet have adequate information from Mr. Cambone and the Defense Department as to exactly what General Miller’s orders were . . . how he carried out those orders, and the connection between his arrival in the fall of ’03 and the intensity of the abuses that occurred afterward.
Sometime before the Abu Ghraib abuses became public, the former intelligence official told me, Miller was “read in”—that is, briefed—on the special-access operation. In April, Miller returned to Baghdad to assume control of the Iraqi prisons; once the scandal hit, with its glaring headlines, General Sanchez presented him to the American and international media as the general who would clean up the Iraqi prison system and instill respect for the Geneva Conventions. “His job is to save what he can,” the former official said. “He’s there to protect the program while limiting any loss of core capability.” As for Antonio Taguba, the former intelligence official added, “He goes into it not knowing shit. And then: ‘Holy cow! What’s going on?’”
If General Miller had been summoned by Congress to testify, he, like Rumsfeld and Cambone, would not have been able to mention the special-access program. “If you give away the fact that a special-access program exists,”the former intelligence official told me, “you blow the whole quick-reaction program.”
One puzzling aspect of Rumsfeld’s account of his initial reaction to news of the Abu Ghraib investigation was his lack of alarm and lack of curiosity. One factor may have been recent history: there had been many previous complaints of prisoner abuse from organization like Human Rights Watch and the International Red Cross, and the Pentagon had weathered them with ease. Rumsfeld told the Senate Armed Services Committee that he had not been provided with details of alleged abuses until late March, when he read the specific charges. “You read it, as I say, it’s one thing. You see these photographs and it’s just unbelievable. . . . It wasn’t three-dimensional. It wasn’t video. It wasn’t color. It was quite a different thing.” The former intelligence official said that, in his view, Rumsfeld and other senior Pentagon officials had not studied the photographs because “they thought what was in there was permitted under the rules of engagement,” as applied to the sap. “The photos,” he added, “turned out to be the result of the program run amok.”
The former intelligence official made it clear that he was not alleging that Rumsfeld or General Myers knew that atrocities were committed. But, he said, “it was their permission granted to do the sap, generically, and there was enough ambiguity, which permitted the abuses.”
This official went on, “The black guys”—those in the Pentagon’s secret program—“say we’ve got to accept the prosecution. They’re vaccinated from the reality.” The sap is still active, and “the United States is picking up guys for interrogation. The question is, how do they protect the quick-reaction force without blowing its cover?” The program was protected by the fact that no one on the outside was allowed to know of its existence. “If you even give a hint that you’re aware of a black program that you’re not read into, you lose your clearances,” the former official said. “Nobody will talk. So the only people left to prosecute are those who are undefended—the poor kids at the end of the food chain.”
The most vulnerable senior official is Cambone. “The Pentagon is trying now to protect Cambone, and doesn’t know how to do it,” the former intelligence official said.
Last week, the government consultant, who has close ties to many conservatives, defended the Administration’s continued secrecy about the special-access program in Abu Ghraib. “Why keep it black?” the consultant asked. “Because the process is unpleasant. It’s like making sausage—you like the result but you don’t want to know how it was made. Also, you don’t want the Iraqi public, and the Arab world, to know. Remember, we went to Iraq to democratize the Middle East. The last thing you want to do is let the Arab world know how you treat Arab males in prison.”
The former intelligence official told me he feared that one of the disastrous effects of the prison-abuse scandal would be the undermining of legitimate operations in the war on terror, which had already suffered from the draining of resources into Iraq. He portrayed Abu Ghraib as “a tumor” on the war on terror. He said, “As long as it’s benign and contained, the Pentagon can deal with the photo crisis without jeopardizing the secret program. As soon as it begins to grow, with nobody to diagnose it—it becomes a malignant tumor.”
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.”
“Congress is going to get to the bottom of this,” the Pentagon consultant said. “You have to demonstrate that there are checks and balances in the system.” He added, “When you live in a world of gray zones, you have to have very clear red lines.”
Senator John McCain, of Arizona, said, “If this is true, it certainly increases the dimension of this issue and deserves significant scrutiny. I will do all possible to get to the bottom of this, and all other allegations.”
“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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note: You cannot assert an intelligence justification to excuse violations of law. |
