THE GRAY ZONE - by SEYMOUR M. HERSH How a secret Pentagon program came to Abu Ghraib.
Issue of 2004-05-24
Posted 2004-05-15
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 élite combat units, and hurt America’s prospects in the war on terror.
According to interviews with several past and present American intelligence officials, the Pentagon’s operation, known inside the intelligence community by several code words, including Copper Green, encouraged physical coercion and sexual humiliation of Iraqi prisoners in an effort to generate more intelligence about the growing insurgency in Iraq. A senior C.I.A. official, in confirming the details of this account last week, said that the operation stemmed from Rumsfeld’s long-standing desire to wrest control of America’s clandestine and paramilitary operations from the C.I.A.
Rumsfeld, during appearances last week before Congress to testify about Abu Ghraib, was precluded by law from explicitly mentioning highly secret matters in an unclassified session. But he conveyed the message that he was telling the public all that he knew about the story. He said, “Any suggestion that there is not a full, deep awareness of what has happened, and the damage it has done, I think, would be a misunderstanding.” The senior C.I.A. official, asked about Rumsfeld’s testimony and that of Stephen Cambone, his Under-Secretary for Intelligence, said, “Some people think you can bullshit anyone.”
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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.”
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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.
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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.”
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“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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