http://www.consortiumnews.com/2008/041908b.htmlTorture Questions Hover Over Chertoff By Jason Leopold
April 20, 2008
John Yoo and some other Bush administration lawyers who built the legal framework for torture are now out of the U.S. government, but one still holds a Cabinet-level rank – Homeland Security Secretary Michael Chertoff.
In the summer of 2002, Chertoff, then head of the Justice Department’s Criminal Division, offered assurances to the CIA that its interrogators would not face prosecution under anti-torture laws if they followed guidelines on aggressive techniques approved by the Department’s Office of Legal Counsel, where Yoo worked.
Those guidelines stretched the rules on permissible treatment of detainees by narrowly defining torture as intense pain equivalent to organ failure or death. Specific interrogation techniques were gleaned from a list of methods that the U.S. military feared might be used against American soldiers if they were captured by a ruthless enemy.
Three years ago, when Chertoff was facing confirmation hearings to be Homeland Security chief, the New York Times cited three senior-level government sources as describing Chertoff’s Criminal Division as fielding questions from the CIA about whether its officers risked prosecution if they employed certain harsh techniques.
“One technique the CIA officers could use under circumstances without fear of prosecution was strapping a subject down and making him experience a feeling of drowning,” the Times reported.
In other words, Chertoff appears to have green-lighted the technique known as “waterboarding,” which has been regarded as torture since the days of the Spanish Inquisition.
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Nevertheless, the evidence continues to build that Chertoff’s assurances gave CIA interrogators confidence they would avoid prosecution as long as they stayed within the permissive guidelines devised by deputy assistant attorney general John Yoo and his boss at the Office of Legal Counsel, Jay Bybee.
The Abu Zubaydah CaseChertoff’s reported assurances to CIA agents appear to have led directly to the use of waterboarding against alleged al-Qaeda operative Abu Zubaydah in August 2002.
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In The One Percent Doctrine, author Ron Suskind reported that President George W. Bush had become obsessed with Zubaydah and the information he might have about pending terrorist plots against the United States.
"Bush was fixated on how to get Zubaydah to tell us the truth," Suskind wrote. Bush questioned one CIA briefer, "Do some of these harsh methods really work?"
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