The worst keeps getting worse

Most likely, the latest revelations about coercive interrogation techniques used by the CIA in Afghanistan are not nearly the end of the story of U.S. excesses in the so-called War on Terror. But they certainly help explain the maniacal secrecy of U.S. authorities under the Bush administration in keeping information about the interrogation program from the public. Top government officials, notably but probably not limited to Vice President Dick Cheney and President Bush, knew the program violated the country's international treaty obligations but authorized it anyway, and kept it secret not out of concern for the United States, as they said, but to keep their own selves out of trouble. They probably expected to be honored as heroes for saving the country from danger and gave only passing thought to the fact that they were sacrificing the United States' very reason for existence. They probably still don't get it, and blame the new president, Barack Obama, for whatever is about to unfold. The fact that their policies were rejected by an overwhelming majority of voters in the last election does not even register as a repudiation -- they think the public just doesn't understand. But the people of the United States know when the government is taking away their constitutional rights, spying on them, and doing nearly unspeakable harm to others while hiding behind the flag. The new information, contained in a top-secret CIA report being made public next week, include threatening detainees with a mock execution, a handgun and an electric drill, was revealed by officials who had access to the report, according to the Washington Post newspaper. The threatened execution was used in an effort to pursuade suspected al-Qaida commander Abd al-Rahim al-Nashiri, suspected of being the mastermind of the attack on the U.S.S. Cole that killed 17 sailors in 1999, to provide information to his interrogators. Federal law prohibits threatening a prisoner with immediate death, the Post said. Al-Nashiri later was one of three detainees subjected to waterboarding, a form of simulated drowning. A CIA spokesman said the agency did not endorse such excesses and promptly investigated any reports of them. "The CIA in no way endorsed behavior -- no matter how infrequent -- that went beyond formal guidance," said Paul Gimigliano, the agency spokesman, according to the Post. "This has all been looked at; professionals in the Department of Justice decided if and when to pursue prosecution. That's how the system was supposed to work, and that's how it did work." The actual report, which was compiled in 2004, is expected to be made public next week, the newspaper said.

What did we expect from the Bush administration?

Saturday's revelation that the CIA deliberately withheld information about a secret counterterrorism program from the members of Congress who were supposed to oversee it certainly helps explain, at least in part, the initial reluctance of the new Obama administration to investigate the previous government's illegal activities. This is going to be big -- the Bush administration's excesses violated a lot of laws and principles, and put the future of the country at risk -- and a lot of former officials probably are going to end up in prison or have to fight furiously to stay out. No doubt, President Barack Obama did not want to be distracted from his sweeping domestic agenda at the start of his term. But Congress should have no such reluctance because its authority was compromised -- unless, of course, it is that such an investigation will reveal the failure of elected representatives to properly live up to their oversight responsibilities. Hopefully, the new Democratic Party majority in both houses of Congress will recognize the damage done to the government traditions under the U.S. Constitution and work to see that it never happens again. Assuming reports are true, and there are no indications so far that they are not, new CIA director Leon Panetta told the House and Senate intelligence committees that former Vice President Dick Cheney ordered the agency not to reveal to Congress the existence of a still-secret counterterrorism program, according to the New York Times. Panetta said he ended the program when he took office. The issue of whether the Bush administration was candid with Congress has been roiling Capitol Hill since May, when Speaker of the House Nancy Pelosi (D-San Francisco) said she had not been told that the agency had waterboarded a terror suspect in 2002. The National Security Act of 1947 requires the president to ensure that the Congress intelligence committees are "kept fully and currently informed of the intelligence activities of the United States," the Times said. A CIA spokesman declined to comment on Cheney's purported role in the concealment from Congress. "It's not agency practice to discuss what may or not have been said in a classified briefing," the spokesman, Paul Gimigliano, told the Times. “When a C.I.A. unit brought this matter to Director Panetta’s attention, it was with the recommendation that it be shared appropriately with Congress. That was also his view, and he took swift, decisive action to put it into effect.” Intelligence and Congressional officials told the Times that the unidentified program did not involve interrogation or domestic intelligence activities, but was started following Sept. 11, 2001, attacks on New York and Washington.

Obama changes course; may now favor prosecutions

Seemingly just days after ruling out the prosecution of CIA agents who used torture to interrogate terrorism suspects, President Barack Obama created a media firestorm Tuesday when he said he might favor investigating and prosecuting Bush administration officials who authorized the harsh methods. Obama's statement followed weeks of denials, in which the president said the country should be looking ahead and not examining the recent past, according to the New York Times. The controversial remarks came while Obama was answering questions from reporters in the oval office. "If and when there needs to be a further accounting," he said, Congress should figure out how to get it "in a bipartisan fashion" from people independent from the government. The comments certainly suggest that that Obama now favors an independent investigation of the Bush administration policies, perhaps by a special prosecutor. Obama also suggested he might favor the prosecution of the attorneys who wrote legal justifications for the harsh interrogation policies when he said that question would be up to Attorney General Eric Holder. "I don't want to prejudge that," Obama said. Three Bush administration lawyers who signed the legal memorandums, John C. Yoo, Jay S. Bybee and Steven G. Bradbury, are expected to be the subject of a highly critical Justice Department report that could recommend their disbarment. Obama's latest statements come while reverberations from the administration's release of the secret memos are still reverberating in Washington. The memos revealed that two al-Qaida operatives were subjected to waterboarding, a type of simulated drowning, more than 250 times, the Times said. Release of the memos prompted the predictable howls of outrage from Obama's Republican critics, including former Vice President Dick Cheney, the Times said.

The gang that wouldn't give up

Nice to hear from George W. Bush-era CIA director warning against release of secret memos authorizing invasive interrogation techniques -- NOT. The new Obama administration ought to be nominated for the Nobel Prize for agreeing to release the memos, which reveal who in the Bush administration was in on decisions to break international treaties and violate the country's fundamental principles. But these characters never give up, not even after U.S. voters resoundingly rejected the former administration's cavalier attitude toward human rights as it preached them to other countries. The latest outrage comes from Gen. Michael V. Hayden, CIA director during the last two years of the Bush government, who Sunday that release of the so-called torture memos would hamper the country's ability to fight terrorism, according to the New York Times. Hayden said the CIA had already stopped using waterboarding, a technique involving simulated drowning, by the time he became the agency's director, and told a Congressional committee in 2007 that he thought its use was probably illegal. But in an interview broadcast on Fox News Sunday, Hayden said release of the memos gave Al-Qaida an advantage by revealing what practices the CIA used in the past. “It describes the box within which Americans will not go beyond,” he said, according to the Times. “To me, that’s very useful for our enemies, even if, as a policy matter, this president at this time had decided not to use one, any, or all of those techniques.” The memos released this week Thursday detailed interrogation techniques used by the CIA from 2002-2005, apparently with the approval of the White House.