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War on Iraq

Why the Pentagon Doesn’t Want Me to Testify About Abu Ghraib

By Sam Provance, AlterNet. Posted August 31, 2007.


No U.S. Army officer or defense official is likely to be held accountable for the torture, "ghost" prisoners, and other abuses at Abu Ghraib.
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As an Army intelligence analyst, my job at Abu Ghraib was systems administrator ("the computer guy"). But I had the bad luck to be on the night shift. And so I saw the detainees dragged in for interrogation, heard the screams, and saw many of them dragged out.

When I heard that the officer in charge of the interrogation/torture operation at Abu Ghraib in late 2003 was being court-martialed, my first thought was: "Finally an officer is being held accountable."

But since my own attempts to stop the torture and identify those responsible were repeatedly rebuffed, you will perhaps excuse my skepticism that justice will be done.

Watching Act I of the faux-trial of Lt. Col. Steven Jordan last week at Fort Meade, Md., confirmed my worst suspicions. I know Jordan; I was in place for his entire tenure at Abu Ghraib, including when prisoners were being tortured. He was an immediate boss.

Enter from the wings reserve Maj. Gen. George Fay. MG Fay was handpicked to run interference for then-Defense Secretary Donald Rumsfeld by conducting the same kind of "full and thorough investigation" that former President Richard Nixon ordered for Watergate.

With Fay, too, I speak from personal experience. Shortly after photos of the torture at Abu Ghraib were published, I found myself being interviewed by Fay on May 1, 2004. It was a surreal performance, with Fay seeming to take his cue at times from Peter Seller's Inspector Clouseau.

Except it wasn't funny then, and it is not funny now. To me, Fay showed himself singularly uninterested in what really was going on at Abu Ghraib. I had to ask him repeatedly to listen to my account. Whereupon he said he would recommend action against me for not reporting what I knew sooner for, if I had done that, I could have prevented the scandal. Right.

In my view, it was clear that Fay's job was to quiet any discordant notes from noncommissioned officers like me and help Rumsfeld push the responsibility down to "bad apples" at the bottom of the chain of command.

When Maj. Gen. Taguba's Abu Ghraib investigation report was leaked to the press on May 4, 2004, I was very surprised to find myself listed as the only military intelligence soldier to witness to the truth. And for my conscientiousness, the Army imposed an exclusive gag order on me 10 days later; a week after that my top-secret clearance was suspended and eventually I was reduced in rank.

Memory loss

So it came as no surprise to me that Fay would continue to play a disingenuous role at the court-martial of Lt. Col. Jordan. Jordan is the only officer and the last of the 12 persons charged in the scandal to go to trial. Eleven enlisted soldiers have been convicted of crimes, with the longest sentence, 10 years, given to former Cpl. Charles Graner, Jr., in January 2005.

Two of the charges against Jordan (together punishable by eight years in prison) were obstruction of justice and lying to Fay.

On the day before Jordan's trial began, Fay contacted Army prosecutors to claim that he "misspoke" in earlier testimony that he had advised Jordan of his rights before interviewing him in 2004. The Army judge was quick to approve a defense motion to dismiss the false statement and obstruction of justice charges.

Eight years off a possible sentence even before the trial begins! Not bad.

The next stiffest possible sentence was five years for disobeying Fay's ban on discussing the investigation with others. But not to worry. Testifying last Wednesday, Fay could not remember when he had told Jordan to avoid discussing the investigation.

Enter defense attorney Maj. Kris Poppe: (To Fay) "Today you testified you gave a specific order not to discuss -- to speak to no one. And that testimony is based on your memory, is it not, sir?"

"It is," Fay replied.

So, presumably, we can now strike five more years off a possible sentence. What's left of the charges? Cruelty and maltreatment of detainees, a charge punishable by one year in prison. The only other charges are failure to obey a regulation (a possible two-year sentence) and dereliction of duty (six months).

Those are maximums. It seems a safe bet that Jordan, like his immediate supervisor, Col. Thomas Pappas, will get off with a reprimand and a minor fine.

If they had asked me

According to press reports, other witnesses will be called to testify at the Jordan court-martial.

Strange. Although I was at Abu Ghraib for the entire time Lt. Col. Jordan was there, for some reason the prosecution does not seem interested in using my testimony at his trial.

I could, for example, provide testimony demolishing the myth that Jordan was not really all that much involved in interrogations. One of the soldiers who worked very closely with Jordan verified that he was fully familiar with the infamous "hard site," where much of the torture took place. Jordan had been seen there on more than one occasion, hanging out laid back with his feet propped up. My soldier informant also bragged that he had joined Jordan in beating up a prisoner.


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Sam Provance, a former sergeant specializing in intelligence analysis, refused to remain silent about the torture at Abu Ghraib, where he served for five months at the height of the abuses. He was punished for refusing to take part in the coverup, and pushed out of the Army. For his sworn testimony to Congress, click here.

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Might makes right...
Posted by: Michael Boldin on Aug 31, 2007 9:28 AM   
Current rating: 5    [1 = poor; 5 = excellent]
That's the sad reality of this situation (and many other evils throughout history) As long as the people with the biggest guns are in charge - rarely will their atrocities be punished.

Utilitarian arguments for and against torture, ghost prisoners, etc, aside - the only argument that matters is the moral one.

The use of these "methods" is totally repugnant to the ideals of a free society (which I believe America no longer is)

Torturing people, disappearing them, holding them for no reason, or whatever else they're doing is completely disgusting - and history will not look to kindly on it either.

On top of it, there's nothing, whatsoever, in the Constitution, that permits the US government to engage in these activities.

Period.

I believe this is an important topic - read on for more if you'd like:

"Should the US Military be Allowed to Use Torture?" - click here

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This comment has been removed from the site due to non-compliance with AlterNet's community policies.
US Army trials are outcome driven
Posted by: Suzon on Sep 1, 2007 4:09 AM   
Current rating: Not yet rated    [1 = poor; 5 = excellent]
but when presented with evidence of unconstitutional manipulation and dishonest pressure, my hometown newspaper dismissed it as "special pleading". (Academics hide from uncomfortable truths by dismissing "anecdotal" evidence.)

Little wonder that TPTB would love to pull the plug on the internet.

As with Andersonville and Nuremberg, truth will out. Unfortunately, the wheels of justice do indeed grind slowly. That's why we must do what we can to prevent crimes against humanity. Any support out there for sending people to prison for misuse of authority?

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Gen. Karpinski in Truthout video yesterday
Posted by: mmc18 on Sep 1, 2007 5:42 AM   
Current rating: Not yet rated    [1 = poor; 5 = excellent]
A clarifying interview was posted yesterday on the Truthout blog
http://www.truthout.org/docs_2006/083007R.shtml
Readers interested in this topic should check it out.

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Problem with Hearsay
Posted by: rodneyg_53 on Sep 1, 2007 6:05 AM   
Current rating: 1    [1 = poor; 5 = excellent]
I agree with the premise that the military is not really seeking the truth or to punish those higher up the command. However, much of the author's proposed testimony is, I believe, hearsay. In theory, his infomation should have lead to the direct observers of the alleged acts. Those people should be testifying. Perhaps they denied the allegations when questioned, especially if threatened as the author was at the time he was interviewed.

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STRANGE JUSTICE
Posted by: VZEQICVA on Sep 1, 2007 7:58 AM   
Current rating: 5    [1 = poor; 5 = excellent]
Haditha is being called 'a massacre' complete with murder charges. Abu Ghraib, well they're still not sure what happened their. Bush, Rumsfeld & Gonzales are what happened there. Thanks, ANNA

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CV
Posted by: CV on Sep 1, 2007 11:28 AM   
Current rating: 5    [1 = poor; 5 = excellent]
Major kudoes to Mr. Provance for having the fortitude to speak the truth in the face of loss of career and other threats of punishment for his veritas.

It is inconceivable to me that Gonzales ended up resigning not because of his characterization of the Geneva convention as "quaint" and his support of torture but because he fired a bunch of attorneys!

Where is the morality in a land where any single citizen could condone or turn a blind eye to the torture of any being as well as prisoners' indefinite detention without the opportunity to defend themselves? I am disgusted with the country of which I was once mostly proud. I say "mostly" because I am well aware of its past sins. Never before have I been so pessimistic about the future here. I am so disgusted that at 63 I'm considering becoming an ex-pat.

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Cheney on Record 1 Week After Military Commission Act
Posted by: Moe Snodgrass on Sep 1, 2007 12:26 PM   
Current rating: 5    [1 = poor; 5 = excellent]
So Congress responds to the documentation of torture as part of the Military Commission Act. And yet one week later, Cheney is on record still endorsing water boarding which the Military Commission Act specifically prohibits. See story here:

http://www.msnbc.msn.com/id/15433467/

Poor Nancy Pelosi is shortsighted in not thinking history will judge her, too.

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no end to the shame of Iraq
Posted by: ggmurray on Sep 1, 2007 1:39 PM   
Current rating: 4    [1 = poor; 5 = excellent]
I knew so clearly, back in 2002 when we stood in a vigil against going to war, that invading Iraq would be like this - a holocaust of our own creating. There would be no end to the shame of it. Even now, I think the only thing to do is to - apologize is not a strong enough word - admit that we were terribly wrong, get every last American out of Iraq very soon, renounce forever all interest in ownership of Iraq's oil industry, help the region stabilize through diplomacy and only nonviolent methods, and get on with our own vital clean energy research & development.

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Rumsfeld and Gonzales should face an international war crimes court
Posted by: thoughtcriminal on Sep 1, 2007 2:02 PM   
Current rating: 5    [1 = poor; 5 = excellent]
That would go a long way toward winning back a little credibility for the United States after seven years of incredibly corrupt behavior by the Bush Administration.

Rumsfeld was the director of the policy, and Gonzales provided the legal justification.

The prosecutor's attempts at imprisoning the low ranking soldiers who followed their orders is only justifiable if those orders were themselves illegal.

Soldiers need to know that if the follow an order that they know to be illegal (for example, execute these unarmed women and children) then they will be forced to face responsibility for their actions.

However, commanders who give such an order, verbally or otherwise, need to be punished even more severely than the soldiers who carry out that order. Civilian government officials who deliberately ignore the law to provide legal support for such commands are equally liable.

Life imprisonment for Gonzales and Rumsfeld is entirely justified.

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Corporate Hostage Taking...
Posted by: BlueBerry PickN on Sep 3, 2007 12:51 AM   
Current rating: Not yet rated    [1 = poor; 5 = excellent]
ah, its not a war.

its barely an Occupation.

what it IS could best be described as a national hostage taking to strong-arm resource-rich nations to capitulate to multi-national corporate interests... backed up by a near bankrupt nation...

basically? its a nation being held hostage by corporations, at the hands of the US... until the Iraqi people cough up those Petroleum Production Sharing Agreements.
...that will rob their children & set international legal precedent.

funny, that the disenfranchized Kurds signed & seem to have *slightly* more infrastructure these days than the Sunni or Shi'ia, eh?

why is the fight continuing?

1. nobody loves an Occupying Force. would YOU??
2. the NEIGHBOURS are dumping resources into the region to prevent the Iraqis from signing agreements that WILL GUARANTEE that the PLUNDER of their nations' resources ARE NEXT.

think about it.

now ask yourself what ONE THING the United States has that other, more ancient nations do not...
land.

enjoy those sub-prime mortgages & ask yourself who bought the mortgage risks from the Lenders?

somebody will be able to buy up massive swaths of North America for pennies on the crumbling dollar...
duh.
greed eats the greedy.

Spread Love...


BlueBerry Pick'n
can be found @
ThisCanadian ~~~

We, two, form a Multitude ~ Ovid.
~~~
"Silent Freedom is Freedom Silenced"

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Francis
Posted by: Francis on Sep 4, 2007 6:04 AM   
Current rating: Not yet rated    [1 = poor; 5 = excellent]
The American military and intelligence agencies are black holes of pure evil. They are the face of American to every foreigner who is paying any attention, but to very few Americans. The epithet "Great Satan" is the best description of America in currency. "Computer guy's" remarks should, along with mountains of chronically ignored evidence, leave little doubt. God bless the whistle blowers wailing in the desert. Their small number will be the death of us all.

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