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	<title>Comments on: The Torture Memos and the FBI-CIA Dispute</title>
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	<link>http://emptywheel.firedoglake.com/2009/04/18/the-torture-memos-and-the-fbi-cia-dispute/</link>
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		<title>By: Valtin</title>
		<link>http://emptywheel.firedoglake.com/2009/04/18/the-torture-memos-and-the-fbi-cia-dispute/#comment-148665</link>
		<dc:creator>Valtin</dc:creator>
		<pubDate>Mon, 20 Apr 2009 00:20:53 +0000</pubDate>
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		<description>&lt;p&gt;RE any availability of presidential findings… thanks (even if the thought is depressing).&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>RE any availability of presidential findings… thanks (even if the thought is depressing).</p>
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		<title>By: TheraP</title>
		<link>http://emptywheel.firedoglake.com/2009/04/18/the-torture-memos-and-the-fbi-cia-dispute/#comment-148562</link>
		<dc:creator>TheraP</dc:creator>
		<pubDate>Sun, 19 Apr 2009 16:03:23 +0000</pubDate>
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		<description>&lt;p&gt;I really like the way this post indicates the tiny top of a pyramid - upon which this whole torture program appears to sit.  And my question continues to be:  &lt;strong&gt;What expert assessment is the basis for believing AZ was lying?&lt;/strong&gt;  We can assume they &lt;em&gt;believed&lt;/em&gt; he was withholding info.  But cheney’s MO is not to leave fingerprints.  So they must have delegated some willing “expert” to undertake an evaluation.  I’m assuming there must be a record of that eval, since we have evidence of a personality description, which seems to come from a psychological report.  &lt;/p&gt;
&lt;p&gt;So…. is the tip of the pyramid a psych report?  Is it a report that concludes he is lying and withholding?  Yes, I think we have enough info from the Aug 1, 2002 “authorization” to conclude that.  Is it a report that also views him as so psychologically defended that no amount of friendly persuasion would suffice to get the desired info?  That same report would seem to suggest that also.  &lt;/p&gt;
&lt;p&gt;So we’ve got a set of beliefs underlying the torture process and this man’s personality and his importance.  We already know he wasn’t important and likely didn’t have the info they were seeking.  But where is that personality assessment?  The one that claims he was an inveterate liar, strongly defended, in “need” of being “broken” - &lt;em&gt;and we have this nice torture process, just waiting to be tried…..&lt;/em&gt;&lt;/p&gt;
&lt;p&gt;&lt;strong&gt;I want to see that assessment.  And the raw data from which the conclusions were drawn.&lt;/strong&gt;&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>I really like the way this post indicates the tiny top of a pyramid &#8211; upon which this whole torture program appears to sit.  And my question continues to be:  <strong>What expert assessment is the basis for believing AZ was lying?</strong>  We can assume they <em>believed</em> he was withholding info.  But cheney’s MO is not to leave fingerprints.  So they must have delegated some willing “expert” to undertake an evaluation.  I’m assuming there must be a record of that eval, since we have evidence of a personality description, which seems to come from a psychological report.  </p>
<p>So…. is the tip of the pyramid a psych report?  Is it a report that concludes he is lying and withholding?  Yes, I think we have enough info from the Aug 1, 2002 “authorization” to conclude that.  Is it a report that also views him as so psychologically defended that no amount of friendly persuasion would suffice to get the desired info?  That same report would seem to suggest that also.  </p>
<p>So we’ve got a set of beliefs underlying the torture process and this man’s personality and his importance.  We already know he wasn’t important and likely didn’t have the info they were seeking.  But where is that personality assessment?  The one that claims he was an inveterate liar, strongly defended, in “need” of being “broken” &#8211; <em>and we have this nice torture process, just waiting to be tried…..</em></p>
<p><strong>I want to see that assessment.  And the raw data from which the conclusions were drawn.</strong></p>
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		<title>By: scribe</title>
		<link>http://emptywheel.firedoglake.com/2009/04/18/the-torture-memos-and-the-fbi-cia-dispute/#comment-148509</link>
		<dc:creator>scribe</dc:creator>
		<pubDate>Sun, 19 Apr 2009 13:51:24 +0000</pubDate>
		<guid isPermaLink="false">http://emptywheel.firedoglake.com/2009/04/18/the-torture-memos-and-the-fbi-cia-dispute/#comment-148509</guid>
		<description>&lt;p&gt;What I’m suspecting is something like this:  WH wants to torture, so they can find out who is willing to torture and can keep torturing in the future (or whatever political reasons they might have for being willing to torture and actually torturing - remember, “shock doctrine” includes acceptance of torture as one of the steps…)  Anyway, someone in WH either (a) goes to CIA and says “A friendly foreign government has, through channels other than ones leading to you, told us that their intel reveals the particular high-value detainee the FBI is interrogating is holding out a lot of information.  This has to be kept strictly compartmented because this friendly foreign government does not trust the FBI for reasons of their own.  But, he is holding out.”  Of course, this is a made-up story.  Or, (b) the WH goes to the CIA and says “A closely compartmented source indicates to us that this hig-value detainee is holding out.”  In either instance, the CIA interrogators are allowed only into a specific part of the compartmented information:  “this high-value detainee is holding out”.    Thus, the CIA interrogating guys, living in their own compartment, only know “he is holding out” and defend that position to the utmost against the evidence of their own eyes which the FBI persuaders have seen - that he is not holding out.  The strict compartmentalization and playing one part of the bureaucracy off against another lay a lot of threads out there which lead, IMHO, back to one particular place:  a man-sized safe.  (sorry for no paragraphs, but my carriage return is not working again today….)&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>What I’m suspecting is something like this:  WH wants to torture, so they can find out who is willing to torture and can keep torturing in the future (or whatever political reasons they might have for being willing to torture and actually torturing &#8211; remember, “shock doctrine” includes acceptance of torture as one of the steps…)  Anyway, someone in WH either (a) goes to CIA and says “A friendly foreign government has, through channels other than ones leading to you, told us that their intel reveals the particular high-value detainee the FBI is interrogating is holding out a lot of information.  This has to be kept strictly compartmented because this friendly foreign government does not trust the FBI for reasons of their own.  But, he is holding out.”  Of course, this is a made-up story.  Or, (b) the WH goes to the CIA and says “A closely compartmented source indicates to us that this hig-value detainee is holding out.”  In either instance, the CIA interrogators are allowed only into a specific part of the compartmented information:  “this high-value detainee is holding out”.    Thus, the CIA interrogating guys, living in their own compartment, only know “he is holding out” and defend that position to the utmost against the evidence of their own eyes which the FBI persuaders have seen &#8211; that he is not holding out.  The strict compartmentalization and playing one part of the bureaucracy off against another lay a lot of threads out there which lead, IMHO, back to one particular place:  a man-sized safe.  (sorry for no paragraphs, but my carriage return is not working again today….)</p>
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		<title>By: WilliamOckham</title>
		<link>http://emptywheel.firedoglake.com/2009/04/18/the-torture-memos-and-the-fbi-cia-dispute/#comment-148497</link>
		<dc:creator>WilliamOckham</dc:creator>
		<pubDate>Sun, 19 Apr 2009 12:41:19 +0000</pubDate>
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		<description>&lt;p&gt;I’ve been aware of that finding for some time. I don’t remember off-hand where I heard about it first. The answer to Valtin’s question is that Presidential findings are impervious to FOIA and Congressional requests. The intelligence committees are supposed to be informed of them (or at least the gang of eight), but the findings are never released, with the possible exception of the expiration of the classification time limits.&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>I’ve been aware of that finding for some time. I don’t remember off-hand where I heard about it first. The answer to Valtin’s question is that Presidential findings are impervious to FOIA and Congressional requests. The intelligence committees are supposed to be informed of them (or at least the gang of eight), but the findings are never released, with the possible exception of the expiration of the classification time limits.</p>
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		<title>By: WilliamOckham</title>
		<link>http://emptywheel.firedoglake.com/2009/04/18/the-torture-memos-and-the-fbi-cia-dispute/#comment-148496</link>
		<dc:creator>WilliamOckham</dc:creator>
		<pubDate>Sun, 19 Apr 2009 12:38:23 +0000</pubDate>
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		<description>&lt;p&gt;Yeah, I know all about that. Some friends of mine were the victims of an FBI black bag job during that time period. I’m pretty sure I have an FBI file because they listed me as a donor. I gave them my lunch money one day to help protest Henry Kissinger’s campus appearance (as a grad student that was all I could afford).&lt;/p&gt;
&lt;p&gt;I guess I should have been clearer in my comment that the FBI follows a wobbly path between policy and justice, veering more towards justice in Democratic administrations while the CIA is always a policy tool. The other difference is (and you can see this quite clearly in the DOJ IG’s report on GITMO), the only restraint anybody apparently felt was due to the fear of Congressional hearings. The CIA has more defenses against that than the FBI and DOJ. Maybe somebody should remind Congress of that.&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>Yeah, I know all about that. Some friends of mine were the victims of an FBI black bag job during that time period. I’m pretty sure I have an FBI file because they listed me as a donor. I gave them my lunch money one day to help protest Henry Kissinger’s campus appearance (as a grad student that was all I could afford).</p>
<p>I guess I should have been clearer in my comment that the FBI follows a wobbly path between policy and justice, veering more towards justice in Democratic administrations while the CIA is always a policy tool. The other difference is (and you can see this quite clearly in the DOJ IG’s report on GITMO), the only restraint anybody apparently felt was due to the fear of Congressional hearings. The CIA has more defenses against that than the FBI and DOJ. Maybe somebody should remind Congress of that.</p>
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		<title>By: emptywheel</title>
		<link>http://emptywheel.firedoglake.com/2009/04/18/the-torture-memos-and-the-fbi-cia-dispute/#comment-148489</link>
		<dc:creator>emptywheel</dc:creator>
		<pubDate>Sun, 19 Apr 2009 11:45:05 +0000</pubDate>
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		<description>&lt;p&gt;I don’t know of it. Hayden’s comment the other day turned some heads, alerting fairly astute people that this was a covert op.&lt;/p&gt;
&lt;p&gt;That said, Leon Panetta was asked about covert ops in his confirmation hearing. That probably relates to CIA’s relations to JSOC, but it also may relate to this kind of thing.&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>I don’t know of it. Hayden’s comment the other day turned some heads, alerting fairly astute people that this was a covert op.</p>
<p>That said, Leon Panetta was asked about covert ops in his confirmation hearing. That probably relates to CIA’s relations to JSOC, but it also may relate to this kind of thing.</p>
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		<title>By: worldwidehappiness</title>
		<link>http://emptywheel.firedoglake.com/2009/04/18/the-torture-memos-and-the-fbi-cia-dispute/#comment-148475</link>
		<dc:creator>worldwidehappiness</dc:creator>
		<pubDate>Sun, 19 Apr 2009 07:43:27 +0000</pubDate>
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		<description>&lt;p&gt;Mary,&lt;/p&gt;
&lt;p&gt;That was an amazing post!&lt;/p&gt;
&lt;p&gt;Mary for President! You could do a lot of good up high with that insightfulness.&lt;/p&gt;
&lt;p&gt;BTW, I think incoming politicians and presidents should be trained in the basics of law and their job requirements.&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>Mary,</p>
<p>That was an amazing post!</p>
<p>Mary for President! You could do a lot of good up high with that insightfulness.</p>
<p>BTW, I think incoming politicians and presidents should be trained in the basics of law and their job requirements.</p>
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		<title>By: worldwidehappiness</title>
		<link>http://emptywheel.firedoglake.com/2009/04/18/the-torture-memos-and-the-fbi-cia-dispute/#comment-148474</link>
		<dc:creator>worldwidehappiness</dc:creator>
		<pubDate>Sun, 19 Apr 2009 07:24:12 +0000</pubDate>
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		<description>&lt;blockquote&gt;&lt;p&gt;This bangs right up against the Downing Street Memo ”…the intelligence and facts were being fixed around the policy…”&lt;/p&gt;&lt;/blockquote&gt;
&lt;p&gt;Bingo!&lt;/p&gt;</description>
		<content:encoded><![CDATA[<blockquote><p>This bangs right up against the Downing Street Memo ”…the intelligence and facts were being fixed around the policy…”</p>
</blockquote>
<p>Bingo!</p>
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		<title>By: worldwidehappiness</title>
		<link>http://emptywheel.firedoglake.com/2009/04/18/the-torture-memos-and-the-fbi-cia-dispute/#comment-148473</link>
		<dc:creator>worldwidehappiness</dc:creator>
		<pubDate>Sun, 19 Apr 2009 07:15:30 +0000</pubDate>
		<guid isPermaLink="false">http://emptywheel.firedoglake.com/2009/04/18/the-torture-memos-and-the-fbi-cia-dispute/#comment-148473</guid>
		<description>&lt;p&gt;Emptywheel wrote:&lt;/p&gt;
&lt;blockquote&gt;&lt;p&gt;Which, as Aftergood pointed out, should mean that Congress’ intelligence committees were informed.&lt;/p&gt;&lt;/blockquote&gt;
&lt;p&gt;Therefore, prosecutions will not happen.&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>Emptywheel wrote:</p>
<blockquote><p>Which, as Aftergood pointed out, should mean that Congress’ intelligence committees were informed.</p>
</blockquote>
<p>Therefore, prosecutions will not happen.</p>
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		<title>By: Valtin</title>
		<link>http://emptywheel.firedoglake.com/2009/04/18/the-torture-memos-and-the-fbi-cia-dispute/#comment-148472</link>
		<dc:creator>Valtin</dc:creator>
		<pubDate>Sun, 19 Apr 2009 06:21:37 +0000</pubDate>
		<guid isPermaLink="false">http://emptywheel.firedoglake.com/2009/04/18/the-torture-memos-and-the-fbi-cia-dispute/#comment-148472</guid>
		<description>&lt;blockquote&gt;&lt;blockquote&gt;That 2001 directive did not spell out specific guidelines for interrogations, however, and senior C.I.A. officials began in late 2001 and early 2002 to draw up a list of aggressive interrogation procedures that might be used against terrorism suspects.&lt;/blockquote&gt;
&lt;/blockquote&gt;
&lt;p&gt;We really need to see that September 17, 2001 directive. Do you know if anyone has been trying to get it?&lt;/p&gt;
&lt;p&gt;Meanwhile, I have surmised for some time that the &lt;a href=&quot;http://levin.senate.gov/newsroom/supporting/2008/SASC.documents.092508.pdf&quot; rel=&quot;nofollow&quot;&gt;December 17, 2001 fax&lt;/a&gt; of something (we don’t know what yet) from Lt. Col. Baumgartner to Richard Shiffrin concerned a CIA request (even if no CIA personnel are known as yet attached to it). But if the recipient is Shiffrin, then DoD should have been the recipient. And the document should have been JPRA or SERE related. Sounds like a document sent from one part of DoD to another. Why was there so much trouble (so I was told) getting it declassified?&lt;/p&gt;
&lt;p&gt;The important point is that &lt;strong&gt;anything related to Administration torture plans or operations prior to any of the enabling memos or findings is immediate cause for prosecutions&lt;/strong&gt;, IMHO. None of Obama and Holder’s “good faith” BS. &lt;/p&gt;
&lt;p&gt;The CIA evidently wasn’t happy enough with the details in the 9/17 directive, thinking perhaps of CAT, or Geneva, or War Crimes Act. But I’m glad you pointed out Johnston’s article.&lt;/p&gt;
&lt;p&gt;I hear (he said cryptically) that many of our questions will be answered very, very soon.&lt;/p&gt;</description>
		<content:encoded><![CDATA[<blockquote><blockquote>That 2001 directive did not spell out specific guidelines for interrogations, however, and senior C.I.A. officials began in late 2001 and early 2002 to draw up a list of aggressive interrogation procedures that might be used against terrorism suspects.</p></blockquote>
</blockquote>
<p>We really need to see that September 17, 2001 directive. Do you know if anyone has been trying to get it?</p>
<p>Meanwhile, I have surmised for some time that the <a href="http://levin.senate.gov/newsroom/supporting/2008/SASC.documents.092508.pdf" rel="nofollow">December 17, 2001 fax</a> of something (we don’t know what yet) from Lt. Col. Baumgartner to Richard Shiffrin concerned a CIA request (even if no CIA personnel are known as yet attached to it). But if the recipient is Shiffrin, then DoD should have been the recipient. And the document should have been JPRA or SERE related. Sounds like a document sent from one part of DoD to another. Why was there so much trouble (so I was told) getting it declassified?</p>
<p>The important point is that <strong>anything related to Administration torture plans or operations prior to any of the enabling memos or findings is immediate cause for prosecutions</strong>, IMHO. None of Obama and Holder’s “good faith” BS. </p>
<p>The CIA evidently wasn’t happy enough with the details in the 9/17 directive, thinking perhaps of CAT, or Geneva, or War Crimes Act. But I’m glad you pointed out Johnston’s article.</p>
<p>I hear (he said cryptically) that many of our questions will be answered very, very soon.</p>
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